- 1 - HC-KAR CNR: KAHC010172452026 NC: 2026:KHC:42396 RSA No. 432 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.432 OF 2026 (DEC/INJ) BETWEEN: RUDRAMMA W/O KENCHANAGOWDA, AGED ABOUT 60 YEARS, R/O NEAR BUS-STAND, GOURAMMANA HALLI, JAGALURU-TQ, DAVANAGERE-577528, …APPELLANT (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: 1. NINGAMMA, W/O LATE S.M.PARASAPPA, AGED ABOUT 53 YEARS, R/O ANAJI VILLAGE, ANAGODU-HOBLI, DAVANAGERE-TQ AND DISTRICT-577528 2. KENCHANAGOWDA, S/O SANNASIDDAPPA, AGED ABOUT 64 YEARS, R/O NEAR BUS-STAND, GOURAMMANA HALLI, JAGALURU-TQ, DAVANAGERE-577528, 3. SHEKHARAPPA, S/O LATE PARASAPPA, AGED ABOUT 57 YEARS, R/O ANAJI VILLAGE, ANAGODU-HOBLI, DAVANAGERE-TQ AND DISTRICT-577512 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010172452026 NC: 2026:KHC:42396 RSA No. 432 of 2026 4. R.RENUKAMMA, W/O R.P.SHEKARAPPA, AGED ABOUT 52 YEARS, R/O ANAJI VILLAGE, ANAGODU-HOBLI, DAVANAGERE-TQ AND DISTRICT-577512 5. SMT HEMAVATHI, W/O RAJAPPA, AGED ABOUT 47 YEARS, R/O ANAJI VILLAGE, ANAGODU-HOBLI, DAVANAGERE-TQ AND DISTRICT-577512 6. RAJAPPA, S/O HANUMANTHAPPA AGED ABOUT 46 YEARS, R/O ANAJI VILLAGE, ANAGODU-HOBLI, DAVANAGERE-TQ AND DISTRICT-577512 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 19.12.2025 PASSED IN RA NO.64/2024 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING JUDGMENT AND DECREE DATED 2.03.2024 PASSED IN O.S.NO.231/2014 ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010172452026 NC: 2026:KHC:42396 RSA No. 432 of 2026 ORAL JUDGMENT Heard Sri Halli Shantappa Basappa, learned counsel for the appellant. 2. Defendant No.6 against whom the suit came to be dismissed in O.S No.231/2014 is the appellant in this Second Appeal. 3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under: 4. Plaintiff-Ningamma filed a suit for declaration and permanent injunction in O.S.No.231/2014 on the file of the I Additional Civil Judge and JMFC, Davanagere. For not taking proper steps, suit was dismissed as against defendant Nos.5 and 6 and decreed in respect of the remaining defendants. 5. Operative portion of the judgment of the Trial Court reads as under: “The suit of the plaintiff against the defendants is hereby decreed. - 4 - HC-KAR CNR: KAHC010172452026 NC: 2026:KHC:42396 RSA No. 432 of 2026 It is hereby declared that the plaintiff is the absolute owner in possession of the suit schedule property. In view of the nature of the suit facts and circumstances of the case, no order as to costs.” 6. Being aggrieved by decreeing of the suit, it is defendant Nos.1 to 4 who filed an appeal in R.A No.64/2024 on the file of the II Additional Senior Civil Judge and JMFC, Davanagere. 7. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties and on re- appreciation of the material on record, dismissed the appeal of defendant Nos.1 to 4 and declared that plaintiff is the owner of the suit property and upheld the injunction order granted by the Trial Court as against defendant Nos.1 to 4 or their men. 8. In other words, defendant Nos.5 and 6 were not affected by the decree of the Trial Court as well as the confirmation of the judgment of the Trial Court by the First Appellate Court. 9. When such being the factual aspects of the matter, appeal by the 6th defendant against whom there is no decree, is not maintainable. - 5 - HC-KAR CNR: KAHC010172452026 NC: 2026:KHC:42396 RSA No. 432 of 2026 10. Accordingly, the following: ORDER Appeal dismissed as not maintainable. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 66