Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 3920 (KAR)

SHANMUKHA v. SMT. SHIVAMMA

RFA/222/2025 · 2026-04-22

Anu Sivaraman, Tara Vitasta Ganju

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21812-DB RFA No. 222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 PRESENT HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 222 OF 2025 (PAR) BETWEEN: 1. SHANMUKHA S/O N.MAGESHA, AGED 58 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHADRAVATHI TALUK-577 201. 2. SUNDRA, AGED 53 YEARS, S/O LATE N.MAGESH, RAMANAKOPPA VILLAGE, R/AT HULIYAR, BHADRAVATHI TALUK-577 201. (THE APPELLANTS ARE THE CHILDREN OF LATE N. MAGESHA WHO IS THE DEFENDANT NO.1 IN O.S. NO.225/2002) …APPELLANTS (BY SRI. KANISHK RAVINDRA., ADVOCATE) AND: 1. SMT. SHIVAMMA W/O PILLAYYAR, D/O LATE NARAYANASWAMY, AGED 71 YEARS, R/AT HULLYAR, RAMANAKOPPA VILLAGE, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2026:KHC:21812-DB RFA No. 222 of 2025 BHADRAVATHI TQ - 577 201. 2. N.MANI S/O LATE NARAYANASWAMY, AGED 69 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHADRAVATHI TQ-577 201. 3. SMT.NAVANEETHAMMA, D/O LATE NARAYANASWAMY, AGED 67 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHADRAVATHI TQ-577 201. 4. ANANDI S/O LATE N.MAGESHA, AGED 56 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHADRAVATHI TQ-577 201. (LR OF LATE N.MAGESHA WHO IS THE DEFENDANT NO.1 IN O.S. NO.225/2002) 5. ARUNA.B S/O LATE N BALAN, AGED 30 YEARS, R/AT HULIYAR VILLAGE, BHARAVATHI TQ-577 201. (LR OF LATE N.BALAN WHO IS THE DEFENDANT NO.2 IN O.S. NO. 225/2002) 6. RAMYA W/O SUDAR RAJ, D/O LATE N BALALN, AGED 28 YEARS, R/AT HULIYAR VILLAGE, BHADRAVATHI TQ-577 201. (LR OF LATE N.BALAN WHO IS THE DEFENDANT NO.2 IN O.S.NO.225/2002) - 3 - HC-KAR NC: 2026:KHC:21812-DB RFA No. 222 of 2025 7. BHUVANESHWARI W/O LATE KASHI, AGED 65 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHADRAVATHI TQ-577 201. (LR OF LATE N.KASHI WHO IS THE PLAINTIFF NO.1 IN O.S.NO.225/2002) 8. GOPAL S/O LATE KASHI, AGED 46 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHARAVATHI TQ-577 201. (LR OF LATE N.KASHI WHO IS THE PLAINTIFF NO.1 IN O.S.NO.225/2002) 9. VENKATESH S/O LATE KASHI, AGED 45 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHARAVATHI TQ-577 201. (LR OF LATE N.KASHI WHO IS THE PLAINTIFF NO.1 IN O.S.NO.225/2002) 10. SRINIVAS S/O LATE KASHI, AGED 42 YEARS, R/AT HULIYAR, RAMANAKOPPA VILLAGE, BHADRAVATHI TQ-577 501. (LR OF LATE N.KASHI WHO IS THE PLAINTIFF NO.1 IN O.S.NO.225/2002). 11. MALLIKA D/O LATE RADHAKRISHNA, AGED 46 YEARS, R/AT HULIYAR, - 4 - HC-KAR NC: 2026:KHC:21812-DB RFA No. 222 of 2025 RAMANAKOPPA VILLAGE, BHARAVATHI TQ-577 201. 12. AMUDHA D/O LATE RADHAKRISHNA, AGED 48 YEARS, R/AT MEENUGARA STREET, BHADRAVATHI TQ-577 201. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 ORDER XLI RULE 1 OF CODE OF CIVIL PROCEDURE 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.02.2011 PASSED O.S.NO.225/2002 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, BHADRAVATHI AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT AND GRANT SUCH OTHER FURTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.S THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The learned counsel for the appellants fairly submits that the final decree proceedings have been concluded in the year 2021. 2. In the above view of the matter, nothing further survives for consideration in this appeal. - 5 - HC-KAR NC: 2026:KHC:21812-DB RFA No. 222 of 2025 3. The appeal is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 32