Sri Nanda Kumar Vs Smt. Sarojini — Karnataka HC (2026) — LawSathi Research

Sri Nanda Kumar Vs Smt. Sarojini — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both RSAs allowed; impugned first appellate judgments (RA Nos.94/2023 and 96/2023, dated 01.03.2025) set aside; matters remitted to the First Appellate Court; appellant there at liberty to bring the LRs of deceased respondent No.10 (Sri Dinesh) and proceed afresh; parties to appear before the First Appellate Court on 20.07.2026 without further notice; pending IAs consigned to records.

Issue for consideration

Whether the decree passed by the First Appellate Court after respondent No.10 died during pendency, without his legal representatives being brought on record, is a nullity requiring the appellate judgment to be set aside and the matter remitted so the LRs can be joined.

Court's answer

A decree passed by the First Appellate Court against a dead respondent (his LRs not joined) is a nullity.

Ratio / Principle

Since the decree is a nullity, placing the memo on record, the impugned judgment passed by the First Appellate Court needs to be set-aside.

Key takeaways

Both Regular Second Appeals are allowed and the impugned judgment is set aside, with the matter remitted to the First Appellate Court.ratio¶146
The appellant before the First Appellate Court is at liberty to bring the legal representatives of deceased respondent No.10 (Sri Dinesh, respondent No.11 before this Court) and proceed with the appeal afresh in accordance with law.ratio¶147

Detailed headnote1 paragraphs

High Court of Karnataka (V Srishananda J), oral judgment dated 30.06.2026, disposing RSA No.1263/2025 c/w RSA No.1271/2025 (Sri Nanda Kumar v. Smt. Sarojini and others), filed under S.100 CPC against the first appellate judgments and decrees dated 01.03.2025 in RA Nos.94/2023 and 96/2023 (Senior Civil Judge and JMFC, Moodabidri), which had allowed the appeals and set aside the trial court judgment and decree dated 12.02.2019 in OS No.143/2012 (Civil Judge and JMFC, Moodabidri). On joint memos of both counsel it emerged that respondent No.10 before the First Appellate Court (Sri Dinesh; respondent No.11 before this Court) had died during pendency and his legal representatives were never brought on record, so the appeal stood disposed of and a decree was passed against a dead person. Holding such a decree to be a nullity, the Court set aside the impugned first appellate judgments, allowed both RSAs and remitted the matters to the First Appellate Court, permitting the appellant therein to bring the LRs of the deceased respondent and proceed afresh in accordance with law; the request to bring the LRs before this Court was not entertained. Parties directed to appear before the First Appellate Court on 20.07.2026 without further notice; pending IAs consigned to records.

NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1263 OF 2025 (PAR/DEC)

C/W

REGULAR SECOND APPEAL NO. 1271 OF 2025

IN RSA No. 1263/2025

BETWEEN:

SRI NANDA KUMAR AGED ABOUT 46 YEARS, S/O LATE SMT. SUGANDHI AND SRI B SHIVA RAO R/AT HUDCO COLONY, MIG-4, VENOOR ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K. DISTRICT - 574 197

Digitally signed by SHARADAVANI B

Location: High Court of Karnataka

…APPELLANT

(BY SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE)

AND:

SMT. SAROJINI AGED ABOUT 83 YEARS W/O LATE M SUBRAYA R/O HEMAKOOTA, D-282 WEST OF CHORD ROAD, 3^RD STAGE, MAHALAXMI PURAM BENGALURU - 560 086

NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025

HC-KAR

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SMT. VASANTHI D/O LATE PARAMESHWARA SHERVEGARA, W/O LATE B SHRINIVAS,

SINCE DECEASED BY HER LEGAL HEIRS

SMT. CHITHRA,

AGED ABOUT 47 YEARS, W/O LATE MOHANDAS, DAUGHTER IN LAW OF LATE VASANTHI R/O SHRINIVASA, AREKERE BAILU NEAR GUJJARAKERE, JEPPU, MANGALURU, D.K. - 575 003.

SRI JEEVAN

AGED ABOUT 54 YEARS, S/O LATE VASANTHI, R/O 'SHRINIVASA', AREKREE BAILU NEAR GUJJARAKERE JEPPU, MANGALURU - 575 003.

SMT. RAJESHWARI AGED ABOUT 45 YEARS DAUGHTER IN LAW OF LATE VASANTHI W/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL,

MANGALURU - 575 004.

AMOGHA

AGED ABOUT 19 YEARS, GRAND SON OF LATE VASANTHI, S/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAI,

MANGALURU - 575 004

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APOORVA

AGED ABOUT 18 YEARS, GRAND DAUGHTER OF LATE VASANTHI D/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004

REP. BY HER NATURAL MOTHER SMT. RAJESHWARI

SHARATH KUMARI AGED ABOUT 46 YEARS, D/O LATE VASANTHI, R/O ANANYA NEAR KAVOOR CIRCLE, MANGALURU - 575 015.

SHUBHALAXMI AGED ABOUT 42 YEARS, D/O LATE VASANTHI, R/O MARKET ROAD, BAGINI SAMAJA, MANOJ ENTERPRISES MANGALURU - 575 004.

SMT. SUGUNA BAI AGED ABOUT 74 YEARS, W/O LATE RADHAKRISHNA

SMT. HEMALATHA AGED ABOUT 47 YEARS

SMT. SOUMYA AGED ABOUT 42 YEARS

SMT. SEEMA AGED ABOUT 40 YEARS

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HC-KAR

RESPONDENTS NO.9 TO 12 ARE CHILDREN OF LATE RADHAKRISHNA AND THEY ARE RESIDING AT SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK - 574 197 D.K. DISTRICT.

K BALACHANDRA RAO AGED ABOUT 67 YEARS S/O K SHIVARAM, R/O NEAR OLD POLICE STATION MAIN ROAD, MOODABIDRI - 574 197

SRI DINESH S/O K SHIVARAM

SINCE DEAD BY HIS LEGAL HEIRS

SMT. VISHWALATHA

AGED ABOUT 61 YEARS W/O LATE DINESH,

DEEPTHI

AGED ABOUT 34 YEARS D/O LATE DINESH

DEEKSHA

AGED ABOUT 28 YEARS D/O LATE DINESH

RESPONDENTS NO.14 TO 16 ARE WIFE AND CHILDREN OF LATE DINESH AND RESIDENTS OF SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST,

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HC-KAR

MANGALURU TALUK, D.K. DISTRICT - 574 197

SRI ANANDA KUMAR

AGED ABOUT 52 YEARS S/O DAMODHARA SHERVEGARA R/O KANCHIGAR BETTU NEAR KOTEBAGILU MARIGUDI MARPADY VILLAGE, MANGALURU TALUK D.K. - 574 144

…RESPONDENTS

(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR C/R17)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.03.2025 PASSED IN RA NO. 94/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI.D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.02.2019 PASSED IN OS NO. 143/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI.

IN RSA NO. 1271/2025

BETWEEN:

SRI NANDA KUMAR AGED ABOUT 46 YEARS, S/O LATE SMT. SUGANDHI AND SRI. B. SHIVA RAO

R/AT HUDCO COLONY, MIG-4, VENOOR ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K. DISTRICT - 574 197

...APPELLANT

(BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE)

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HC-KAR

AND:

SMT. SAROJINI AGED ABOUT 83 YEARS W/O LATE M SUBRAYA R/O HEMAKOTTA, D-282 WEST OF CHORD ROAD, 3^RD STAGE, MAHALAXMI PURAM BENGALURU - 560 086

SMT. VASANTHI D/O LATE PARAMESHWARA SHERVEGARA, W/O LATE B SHRINIVAS,

SINCE DECEASED BY HER LEGAL HEIRS

SRI JEEVAN, AGED ABOUT 54 YEARS, S/O LATE VASANTHI, R/O SHRINIVASA, AREKERE BAILU NEAR GUJJARAKERE, JEPPU MANGALURU, D.K. - 575 003

SHARATH KUMARI AGED ABOUT 46 YEARS, D/O LATE VASANTHI, R/O ANANYA, MASJID ROAD NEAR KAVOOR CIRCLE, MANGALURU - 575 015.

SMT. SHUBHALAXMI AGED ABOUT 42 YEARS, D/O LATE VASANTHI, R/O MARKET ROAD, BAGINI SAMAJA, MANOJ ENTERPRISES MANGALURU - 575 004.

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SMT. RAJESHWARI

AGED ABOUT 45 YEARS DAUGHTER IN LAW OF LATE VASANTHI W/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004.

AMOGHA

AGED ABOUT 19 YEARS, GRAND SON OF LATE VASANTHI, S/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004

APOORVA

AGED ABOUT 16 YEARS, GRAND DAUGHTER OF LATE VASANTHI D/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004, REPRESENTED BY HER NATURAL MOTHER SMT. RAJESHWARI.

SMT. CHITHRA AGED ABOUT 51 YEARS W/O LATE MOHANDAS, DAUGHTER IN LAW OF LATE VASANTHI, R/O SHRINIVASA, AREKERE BAILU NEAR GUJJARAKERE, JEPPU, MANGALURU, D.K. - 575 003.

SMT. SUGUNA BAI AGED ABOUT 74 YEARS, W/O LATE RADHAKRISHNA

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HC-KAR

SMT. HEMALATHA

AGED ABOUT 47 YEARS

SMT. SOUMYA

AGED ABOUT 42 YEARS

SMT. SEEMA

AGED ABOUT 40 YEARS

RESPONDENTS NO.9 TO 12 ARE CHILDREN OF LATE RADHAKRISHNA AND THEY ARE ALL RESIDING AT SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK - 574 197 D.K.DISTRICT.

K BALACHANDRA RAO AGED ABOUT 67 YEARS S/O K SHIVARAM, R/O NEAR OLD POLICE STATION MAIN ROAD, MOODABIDRI - 574 197

14. SRI DINESH

S/O K SHIVARAM

SINCE DEAD BY HIS LEGAL HEIRS

SMT. VISHWALATHA AGED ABOUT 61 YEARS

W/O LATE DINESH, RESIDENTS OF SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K.DISTRICT - 574197

15. DEEPTHI

AGED ABOUT 34 YEARS D/O LATE DINESH

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HC-KAR

DEEKSHA

AGED ABOUT 28 YEARS D/O LATE DINESH

RESPONDENTS NO.14 TO 16 ARE RESIDENTS OF SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K. DISTRICT - 574 197

SRI ANANDA KUMAR

AGED ABOUT 52 YEARS S/O DAMODHARA SHERVEGARA R/O KANCHIGAR BETTU NEAR KOTEBAGILU MARIGUDI MARPADY VILLAGE, MANGALURU TALUK D.K. - 574 227

...RESPONDENTS

(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR C/R9)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 1.03.2025 PASSED IN RA NO.96/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI., D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.02.2019 PASSED IN OS NO.143/2012 ON THE FILE OF CIVIL JUDGE AND JMFC, MOODBIDRI.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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HC-KAR

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

After hearing for some time, a memo is filed by

both the advocates. Memo reads as under :

JOINT MEMO IN RSA NO.1263/2025

The respondent No.17 submits as under:

The respondent No.17 was the appellant in R.A.No.94/2023 before the Senior Civil Judge and JMFC, Moodabidri, D.K., By inadvertence, he had not brought the LR's of Mr. Dinesh i.e., respondent No.10 in R.A.No.94/2023 on record. Therefore, this Hon'ble Court may remand this appeal No.1263/2025, to the First Appellate Court permitting to bring the LR's of respondent No.10 on record. The judgment under appeal may therefore be setaside in the interest of justice and equity.

JOINT MEMO IN RSA NO.1271/2025

The undersigned submit that the first respondent in the appeal and appellant in R.A.No.96/2023 before the Hon'ble Senior Civil Judge and JMFC Court, Moodabidri, the first respondent not made LRs of 10^th respondent Sri. Dinesh in the appeal by mistake, wherein prays that this Hon'ble Court pleased to set-aside judgment and decree passed in R.A.No.96/2023 c/w R.A.No.94/2023 dated

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HC-KAR

01.03.2025 passed by the Hon'ble Court Senior Civil Judge and JMFC, Moodabidri in the interest of justice.

It is noticed that 10^th respondent before the

First Appellate Court said to have died during the pendency of the appeal and without bringing to the notice

of the First Appellate Court, appeal stood disposed off.

In other words, a decree came to be passed

before the First Appellate Court against the dead person, which is nullity.

As such, the application now filed before this

Court to bring the legal representatives of the 10^th respondent before the Trial Court who is 11^th respondent before this Court cannot be allowed.

However, since the decree is a nullity, placing

the memo on record, the impugned judgment passed by the First Appellate Court needs to be set-aside.

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NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025

HC-KAR

Accordingly, following Order:

ORDER

(i) Regular Second Appeals are allowed and impugned judgment is set-aside. Matter remitted to First Appellate Court.

(ii) Appellant before the First Appellate Court is at liberty to bring the legal representatives of deceased respondent No.10 (before this Court respondent No.11 Sri. Dinesh) and proceed with the appeal afresh in accordance with law.

(iii) Parties shall appear before the First Appellate Court without further notice on 20.07.2026.

In view of disposal of the main appeals, pending IAs are consigned to records.

NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025

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HC-KAR

Parties are at liberty to make necessary applications

before the First Appellate Court in accordance with law.

Sd/(V SRISHANANDA) JUDGE

SNC List No.: 1 Sl No.: 38