- 1 - HC-KAR NC: 2026:KHC:3176 RSA No. 776 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 776 OF 2025 (DEC/POS) BETWEEN: SRI. KIMMUDIRA A RAVI CHENGAPPA AGED ABOUT 67 YEARS, S/O. LATE K. A. AIYAMMA, RESIDING AT MADENADU VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT - 571 201. …APPELLANT (BY SRI. BHEEMAIAH K.S.,ADVOCATE) AND: SRI. KIMMUDIRA M MUTHAPPA SINCE DECEASED BY HIS LRS., 1. V. M. GOWRAMMA W/O. LATE V. A. MEDAPPA, AGED ABOUT 72 YEARS, R/AT NO. 302, KRISHNA NAGAR, 2ND CROSS, GROUND FLOOR, YERAGANAHALLI POST, MYSORE. 2. SMT. M. M. BHAVANI W/O. M. A. MACHAIAH, AGED ABOUT 66 YEARS, R/AT NO. 30, BHAVANI NILAYA, 3RD CROSS, ANNAIAH REDDY LAYOUT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3176 RSA No. 776 of 2025 DODDABANASAVADI, BANGALORE. 3. SMT. B. T. SARASU W/O. LATE B. A. TITTU, AGED ABOUT 62 YEARS, R/AT SHIVANANDA VILLAGE, DECHUR POST, MADIKERI. 4. SMT. USHA SOMANNA SMT. B. C. SOMANNA, AGED ABOUT 50 YEARS, R/AT RUJJA NILAYA, NO. 1060, RAJEEV NAGAR, 3RD STAGE, MYSORE. 5. SMT. LALITHA DEVAIAH W/O. M. DEVAIAH, AGED ABOUT 56 YEARS, R/AT NO. 2402, A1, DAFFODILS, MAHALAXMI LAYOUT, HINKAL, R.R. BAKERY, MYSORE. 6. SMT. C. M. RENUKA W/O. C. K. MADAPPA, AGED ABOUT 49 YEARS, R/AT BHU NILAYA, MULLUSOGE VILLAGE, KUSHALNAGAR, KODAGU DISTRICT. SRI. KIMMUDIRA M. PEMMAIAH @ HARSH SINCE DEAD BY HIS LRS., 7. SRI. KIMMUDIRA CHETTIYAPPA @ PRATHAM, - 3 - HC-KAR NC: 2026:KHC:3176 RSA No. 776 of 2025 S/O. LATE KIMMUDIRA M. PEMMAIAH, AGED ABOUT 31 YEARS, RESIDING AT MADE VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT. 8. SRI. KIMMUDIRA M. LINGARAJU S/O. KIMMUDIRA MANDANNA, AGED ABOUT 52 YEARS, 9. SRI. K. SUBBAIAH S/O. K. POONACHA, AGED ABOUT 66 YEARS, SRI. NADUGALLU A MUDAPPA SINCE DEAD BY HIS LRS., 10. SRI. N. M. ROHIT, S/O. LATE NADUGALLU A MUDDAPPA, AGED ABOUT 45 YEARS, 11. SRI. N. M. TILAK S/O. LATE NADUGALLU A MUDDAPPA, AGED ABOUT 45 YEARS, RESPONDENTS NO.10 AND 11 ARE RESIDING AT MADE VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT. 12. SRI. NADAGALLU A SOMANNA S/O. LATE APPAIAH, AGED ABOUT 72 YEARS, RESPONDENTS NO.7 TO 11 ARE RESIDING OF MADE VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT. - 4 - HC-KAR NC: 2026:KHC:3176 RSA No. 776 of 2025 13. SRI. A. R. SHIVAPRASAD S/O. A. R. RAMAKRISHNA, AGED ABOUT 66 YEARS, RESIDING AT DWARAKA SCHOOL ROAD, KUSHALNAGAR, MADIKERI. 14. SMT. ROOPA CHENGAPPA W/O. K. M. CHENGAPPA, AGED ABOUT 60 YEARS, R/AT MUTHARMUDI VILLAGE, HAKATHUR POST, MADIKERI TALUK, KODAGU DISTRICT. 15. SRI. GOWRAV AIYAPPA S/O. CHENGAPPA, AGED ABOUT 60 YEARS, R/AT MUTHARMUDI VILLAGE, HAKATHUR POST, MADIKERI TALUK, KODAGU DISTRICT. 16. SRI. M. C. NARAYANA REDDY S/O. LATE CHIKKALAKSHMAIAH, AGED ABOUT 76 YEARS, 17. MRS. K. NAGARATHNA W/O. NARAYANA REDDY, AGED ABOUT 66 YEARS, 18. SRI. H. N. GIRISH REDDY S/O. NARAYANA REDDY, AGED ABOUT 49 YEARS, 19. MR. H. N. ROOPESH KUMAR - 5 - HC-KAR NC: 2026:KHC:3176 RSA No. 776 of 2025 S/O. MR. H. S. NARAYANA REDDY, AGED ABOUT 45 YEARS, RESPONDENTS NO. 16 TO 19 ARE RESIDING AT NO. 136/122, 1ST CROSS, 4TH MAIN, HONGASANDRA, BEGUR MAIN ROAD, BANGALORE - 560 068. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.12.2024 PASSED IN RA.No. 7/2020 ON THE FILE OF THE I ADDITIONAL SESSIONS JUDGE, KODAGU, MADIKERI, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 14.01.2020 PASSED IN OS No.152/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellant has filed a Memo stating that inadvertently instead of Regular First Appeal, Regular Second Appeal is filed and seeks permission to withdraw same. 2. Memo is accepted. This Regular Second Appeal is dismissed as withdrawn. - 6 - HC-KAR NC: 2026:KHC:3176 RSA No. 776 of 2025 3. Registry is directed to return certified copies of orders, if produced. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 2 Sl No.: 54