- 1 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2091 OF 2018 (INJ) BETWEEN: 1. SRI SIDDAPPA S/O LATE PUTTAIAH, AGED ABOUT 49 YEARS 2. SRI RAJAGOPAL S/O LATE PUTTAIAH, R/O BENDONE VILLAGE, BOTH ARE R/O BENDONE VILLAGE C.N. DURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 129 …APPELLANTS (BY SRI. G.S. VENKAT SUBBA RAO, ADVOCATE (VC)) AND: 1. SRI PUTTABALAIAH DEAD BY LRS, SRI CHIKKAMANI, S/O LATE PUTTAOBALAIAH, AGED ABOUT 83 YEARS, THOUGH REPORTED AS DEAD IN JUDGMENT AND DECREE OF TRIAL COURT, IS ADDED AS PARTY AS PER CAUSE TITILE OF THE R.A. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 2. SRI SRINIVASAIAH S/O LATE PUTTABALAIAH, AGED ABOUT 68 YEARS 3. SMT BALAMMA W/O NARAYANAPPA, AGED ABOUT 56 YEARS R/O S.I.T. NEAR WOOD LAND HOTEL, TUMKURU - 572 104. 4. SMT SAROJAMMA W/O G.S. MURTHY, AGED ABOUT 53 YEARS 5. SMT RATHNAMMA W/O HANUMANTARAYAPPA, AGED ABOUT 63 YEARS 6. SRI G P DEVARAJU DEAD BY LRS, SMT SHANTHAMMA, W/O LATE G.P.DEVARAJU, AGED ABOUT 58 YEARS, 7. SRI VIJAYENDRA S/O LATE G.P.DEVARAJU, AGED ABOUT 38 YEARS, 8. SRI VIKRAM S/O LATE G.P.DEVARAJU, AGED ABOUT 35 YEARS, - 3 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 9. SRI VINI S/O LATE G.P.DEVARAJU, AGED ABOUT 32 YEARS, 10. SRI VARUNA S/O LATE G.P.DEVARAJU, AGED ABOUT 28 YEARS, RESPONDENTS NO.2, R4 TO 10 ARE R/O BENDONE VILLAGE, C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572 129. 11. SRI NARASIMHAMURTHY S/O LATE PUTTABALAIAH, AGED ABOUT YEARS, 12. SMT YASHODAMMA AGED ABOUT 53 YEARS W/O SIDDARAMAIAH, R/O MATHIKERE, BANGALORE. 13. SMT SRILATHA W/O JAYAPLAKSH, R/O HANUMANTHAPURA, TUMAKURU - 572 104. 14. SMT VEENA W/O MANJUNATHA, AGED ABOUT 51 YEARS, R/O THUMBADI VILLAGE, KORATAGERE TALUK, TUMAKURU - 572 104. - 4 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 15. SRI SRINATHA S/O LATE PUTTABALAIAH, AGED ABOUT 38 YEARS, R11 AND R15 ARE CHILDREN OF LATE PUTTABALAIH AND ARE RESIDENTS OF BENDONE VILLAGE, C.N.DURGA HOBLI, KORATAGERE TALUK, TUMKUR DISTRICT - 572 129. 16. SRI. KANTHARAJU S/O. LATE PUTTAIAH DIED ON 27.07.2016 AND THE LEGAL REPRESENTATIVES WERE NOT BROUGHT ON RECORD BEFORE THE FIRST APPELLATE COURT. …RESPONDENTS (R1 DECEASED APPEAL AGAINST R2 - R5, 7, R12 TO R14 STANDS DISMISSED R6, R8 TO R11 ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.10.2018 PASSED IN RA.NO.27/2010, ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC., MADHUGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED: 05.02.2010 PASSED IN OS.NO.723/1989 ON THE FILE OF THE CIVIL JUDGE AND JMFC., KORATAGERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard Sri.G.S.Venkat Subba Rao, learned counsel for the appellants. Respondents are served with the notice and remained absent. 2. At the outset, learned counsel for the appellants would submit that matter is to be remitted to the First Appellate Court after setting aside the impugned judgment passed by the First Appellate Court in view of non-consideration of I.A.No.4 which was filed under Order XLI Rule 27 of Code of Civil Procedure and no order has been passed and judgment on main appeal has been passed. 3. This court finds force in the submission made on behalf of learned counsel for the appellant in view of the judgment of the Division Bench of this Court in the case of Veera Vahana Udyog Private Limited, Represented by its Managing Director v. The Karnataka State Road Transport Corporation, Represented by Managing Director and Others reported in ILR 2010 KAR 507. - 6 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 4. It was obligatory on the part of the First Appellate Court to dispose of all pending applications before the impugned judgment could be passed. 5. Non-consideration of any interlocutory applications pending as on the date of judgment and passing the judgment has thus resulted in illegality in view of the principles of law enunciated in Veera Vahana Udyog supra. 6. Accordingly, without much discussion on the merits of the matter, following: ORDER i. Appeal is allowed. ii. Impugned judgment passed by the First Appellate Court in RA No.27/2010 dated 06.10.2018 is hereby set aside. iii. Matter is remitted to the First Appellate Court for fresh disposal in accordance with law especially after disposing of all the pending applications. - 7 - HC-KAR CNR: KAHC010303452018 NC: 2026:KHC:46444 RSA No. 2091 of 2018 iv. Since the respondents are served and unrepresented, appellant shall appear before the First Appellate Court with copy of this order on or before 21.09.2026 without further notice. v. Thereafter, learned Judge in the First Appellate Court shall notify the respondents herein by issuing necessary Court notice and then proceed with the case in accordance with law. Ordered accordingly. SD/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 36