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2026 DAILYLAW 30881 (KAR)

SRI RAMEGOWDA v. SMT NAGARATHNA

RSA/2214/2017 · 2026-07-20

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010544552017 NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1774 OF 2017 (PAR) C/W REGULAR SECOND APPEAL NO. 2214 OF 2017 (PAR) IN RSA No. 1774/2017 BETWEEN: RAMACHANDRA T.K. S/O LATE KUNTEGOWDA @ MOTEGOWDA AGE 61 YEARS R/O THUMBAKERE VILLAGE, KACHIGERE POST, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 404. …APPELLANT (BY SRI. MAHESH R. UPPIN, ADVOCATE) AND: 1. SMT. NAGARATHNA W/O LATE KUNTEGOWDA C/O SHASHIKIRAN T.K, NO. C-15 SRI. CHAMUNDESHWARI SUGARS QUARTERS K.M. DODDI, MADDUR TALUK MANDYA DISTRICT - 571 422. 2. NARASIMHAMURTHY S/O LATE KUNTEGOWDA @ MOTEGOWDA AGE 63 YEARS R/O THUMBAKERE VILLAGE, KACHIGERE POST, KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT - 571 404. …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010544552017 NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017 (BY SRI. P. NATARAJU, ADVOCATE FOR R1; SRI. NARENDRA D.V. GOWDA, ADVOCATE FOR R4; SRI. D.C. PRAMESHWARAIAH, ADVOCATE FOR R2 AND R3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.03.2017 PASSED IN RA NO.11/2015 ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.10.2014 PASSED IN OS NO.104/2011 ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE AND JMFC., AT MANDYA. IN RSA NO. 2214/2017 BETWEEN: SRI. RAMEGOWDA S/O LATE SIDDEGOWDA, AGED ABOUT 66 YEARS R/AT SIDDESWARA NILAYA, MANDYA ROAD, K.M. DODDI, MADDUR TALUK - 571 423. ...APPELLANT (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE) AND: 1. SMT. NAGARATHNA W/O LATE T. KUNTEGOWDA, AGED ABOUT 61 YEARS C/O SHASHIKIRAN.T.K. NO.C-15, CHAMUNDESHWARI SUGARS QUARTERS, K.M.DODDI, MADDUR TALUK - 571 423 2. SRI.RAMACHANDRA T.K. S/O LATE KUNTEGOWDA @ MOTEGOWDA, AGED ABOUT 61 YEARS 3. SRI. NARASIMHAMURTHY S/O LATE KUNTEGOWDA @ MOTEGOWDA, AGED ABOUT 63 YEARS - 3 - HC-KAR CNR: KAHC010544552017 NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017 4. SMT. SOUBHAGYA W/O LATE CHALUVARAJU, AGED ABOUT 56 YEARS RESPONDENTS NO.2 TO 4 ARE R/AT THUMBAKERE VILLAGE, KACHIGERE POST, KASABA HOBLI, MANDYA TALUK - 571 243. ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1; R2 TO R4 SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.03.2017 PASSED IN R.A.NO.5/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.10.2014 PASSED IN O.S.NO.104/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MANDYA. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Sri.P.N.Nataraju, learned counsel for the respondent No.1 in both the appeals, files a memo. Memo reads as under: “The 1st respondent herewith producing the copy of order passed in FDP No.9/2015 dated 23.09.2019 for the kind perusal of this Hon’ble Court in the interest of justice and equity.” - 4 - HC-KAR CNR: KAHC010544552017 NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017 2. The present appeals are filed challenging the grant of preliminary decree. Since the Final Decree Proceedings itself completes, appeals are dismissed as they have rendered infructuous. 3. However, dismissal of these appeals would not come in the way of the aggrieved parties to challenge the Final Decree Proceedings in accordance with law. 4. Needless to emphasize that if any such appeals are filed, remaining parties are entitled to oppose the same in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 59