Narasamma v. Venkatalakshamma

Karnataka HC10 Sept 2025RSA/233/2023

Case brief

AI extract

What is this about?

Karnataka High Court disposes of Regular Second Appeal No. 233 of 2023 (Section 100 CPC) as infructuous on appellants' memo; earlier RSA No.106/2022 (judgment dated 11-08-2023) had set aside the common first-appellate judgment in RA No.55/2021 C/w RA No.54/2021 with remand; on remand RA No.55/2021 and RA No.54/2021 allowed and suit O.S.No.1043/2005 (Principal Civil Judge, Bengaluru Rural District, decree dated 30.03.2021) dismissed with costs; bench: V Srishananda J.; decided 10-09-2025; no precedent discussed, no monetary relief.

What did the court decide?

Present appeal disposed of in terms of the memo filed by learned counsel for the appellants, the appeal having become infructuous following the setting aside of the impugned common judgment in RSA No.106/2022 with remand and the post-remand dismissal of the suit; memo placed on record.

Narasamma Vs Venkatalakshamma — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the present Regular Second Appeal survives for consideration, in view of the subsequent events stated in the appellants' memo (the impugned common judgment having been set aside by this Court in RSA No.106/2022 with remand, and the suit having been dismissed on fresh disposal by the First Appellate Court).

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Court's answer

The memo filed by learned counsel for the appellants recording the subsequent events is placed on record and the present Regular Second Appeal stands disposed of, having become infructuous.

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Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA AT BENGALURU (V Srishananda, J.; oral order dated 10-09-2025) — Regular Second Appeal No. 233 of 2023 under Section 100 CPC, directed against the judgment and decree dated 01.10.2022 in RA.No.55/2021 (VII Additional Senior Civil Judge, Bengaluru Rural District) dismissing the first appeal and confirming the judgment and decree dated 30.03.2021 in OS No.1043/2005 (Principal Civil Judge, Bengaluru Rural District). On a memo filed by the appellants' counsel, the Court recorded that the common judgment and decree impugned (referred to in the memo as dated 19-10-2021 in RA No.55/2021 C/w RA No.54/2021) had already been set aside by this Court in RSA No.106/2022 by judgment dated 11-08-2023, remanding the matter for fresh disposal by the First Appellate Court, whereby the present appeal became infructuous; further, on remand the First Appellate Court allowed RA No.55/2021 and RA No.54/2021, set aside the Trial Court's judgment and decree in O.S.No.1043/2005 and dismissed the suit with costs. Nothing therefore survived for consideration; the memo was placed on record and the appeal stood disposed of.

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NC: 2025:KHC:35971 RSA No. 233 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 233 OF 2023 (PAR)

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BETWEEN:

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NARASAMMA W/O S M RUDRAPPA, HINDU, ADULT SINCE DIED DURING PENDENCY OF SUIT HER LRS WERE BROUGHT ON RECORD AS DEFENDANT NO 1A AND 1B HEREIN ARRAIGNED AS R2 AND R3 OTHER LRS VIZ., D2, 3 AND D7 WERE ALREADY ON RECORD AND HEREIN ARRAIGNED AS R-4, 5 AND 6

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1. PUSHPA

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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W/O B.V.D VENKATAPPA AGED 66 YEARS, PRESENTLY R/A NO 434/B 6TH CROSS, 7TH BLOCK, JAYANAGAR WEST BANGALORE - 560 070.

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2. R PARIMALA

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W/O D LAKSHMINARAYANA AGED 64 YEARS, R/A 11/1,7 2ND FLOOR VENKATESHWARA NILAYA 1ST CROSS, BENDRE NAGAR NEAR KADIRENAHALLI UNDER PASS BANGALORE - 560 070.

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2 - NC: 2025:KHC:35971 RSA No. 233 of 2023

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HC-KAR

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S.R. MANJUNATH

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S/O S.M. RUDRAPPA, HINDU

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AGED 60 YEARS,

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S.R. JANARDHAN S/O S.M. RUDRAPPA, AGED 57 YEARS, R/O NO 9/11, 7TH BLOCK JAYANAGAR, YEDIYUR BANGALORE - 560 011.

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R. RAMANATHAN

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S/O LATE S.M. RUDRAPPA HINDU, ADULT, R/O NO. 9/11, 7TH BLOCK, JAYANAGAR, YEDIYUR, BANGALORE - 560 011.

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…APPELLANTS

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(BY SMT. TASKEEN KHANUM, ADVOCATE FOR SRI. S. GANESH SHENOY, ADVOCATE)

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AND:

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VENKATALAKSHAMMA

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W/O LATE H RAMAKRISHNA, HINDU AGED 75 YEARS, R/A NO. 26, 3RD CROSS ROAD, NEHRU NAGAR SARAKKI GATE, BANGALORE - 560 078.

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GOWRAMMA

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W/O LATE S.M. HANUMANTHA SHETTY SINCE DECEASED DURING PENDENCY OF SUIT HER LRS D5 AND D6 WERE ALREADY ON RECORD HEREIN THEY ARE R7 AND R -8

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3 - NC: 2025:KHC:35971 RSA No. 233 of 2023

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HC-KAR

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SAMPANGI RAMU

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S/O LATE S.M. HANUMANTHA SHETTY, HINDU, ADULT, R/O NO 262/274 MAHADESWARA NAGAR, VISWANEEDAM POST MAGADI MAIN ROAD, BANGALORE - 560 091.

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H SHIVASHANKAR S/O LATE S M HANUMANTHA SHETTY HINDU, ADULT, R/O SOMANAHALLI AND POST UTTARAHALLI HOBLI, KANAKAPURA ROAD BANGALORE SOUTH TALUK.

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B. KRISHNAMURTHY S/O S V BADRA SHETTY HINDU, AGED 67 YEARS, NOW R/A NO. 2, 5TH CROSS, KANAKAPURA MAIN ROAD, NEAR MANJUNATHA CHOULTRY VAJRAHALLI, TALAGHATTAPURA POST, BANGALORE - 560 062.

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K R BNADRINARAYANA

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S/O K RAMALINGAM SINCE DECEASED DURING PENDENCY OF SUIT HIS LRS WERE BROUGHT ON RECORD AS D 9A TO D 9C HEREIN THEY ARE ARRAIGNED AS R 9 TO R 11

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SABITHA NARAYAN W/O LATE K R BADRINARAYANA HINDU, AGED 57 YEARS,

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TALLAM SMITHA KEDARANATH D/O LATE K.R. BADRINARAYANA HINDU, AGED 34 YEARS,

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NC: 2025:KHC:35971 RSA No. 233 of 2023

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HC-KAR

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RAGHAVENDRA K B S/O LATE K R BADRINARAYANA HINDU, AGED 31 YEARS,

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NO.5 TO 7 ARE R/A NO 33/1, N H S ROAD, V V PURAM BANGALORE - 560 004.

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…RESPONDENTS

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.10.2022 PASSED IN RA.No.55/2021 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.03.2021 PASSED IN OS No.1043/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE BENGALURU, RURAL DISTRICT BENGALURU.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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A memo is filed by learned counsel for the appellants on

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10.03.2025 for disposal. Memo reads as under:

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“The appellants above named submit as follows:

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1. That the appellant had impugned the judgment and decree dated 19-10-2021 passed in RA No.55/2021 C/w RA No.54/2021 – the appellants herein being the appellants in RA No.55/2021. The judgment impugned in the above appeal – which was a common judgment, has been set aside by this Hon’ble Court by its judgment dated 11-08-2023 in RSA No.106/2022 remanding the case for fresh disposal by the First Appellate Court and as such the above appeal has become infructous.

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NC: 2025:KHC:35971 RSA No. 233 of 2023

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HC-KAR

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2. Furthermore, upon remand the 1^st Appellate Court allowing the said Appeals RA No.55/2021 and RA No.54/2021 has set aside the judgment and decree of the Trial Court made in O.S.No.1043/2005 and in that dismissing the said suit with costs.

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3. Being thus, the above appeal does not survive for consideration.

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4. It is therefore prayed that the above appeal may kindly be disposed of having become infructous in the interest of justice.”

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Placing the memo on record, present appeal stands

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disposed of .

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Sd/(V SRISHANANDA) JUDGE

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KAV