Sri Ramegowda Vs Smt Nagarathna — Karnataka HC (2026) — LawSathi Research

Sri Ramegowda Vs Smt Nagarathna — Karnataka HC (2026) — LawSathi Research

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HC-KAR

NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017

CNR: KAHC010544552017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1774 OF 2017 (PAR)

C/W

REGULAR SECOND APPEAL NO. 2214 OF 2017 (PAR) IN RSA No. 1774/2017

BETWEEN:

RAMACHANDRA T.K. S/O LATE KUNTEGOWDA @ MOTEGOWDA AGE 61 YEARS R/O THUMBAKERE VILLAGE, KACHIGERE POST, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 404. …APPELLANT

(BY SRI. MAHESH R. UPPIN, ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SMT. NAGARATHNA W/O LATE KUNTEGOWDA C/O SHASHIKIRAN T.K, NO. C-15 SRI. CHAMUNDESHWARI SUGARS QUARTERS K.M. DODDI, MADDUR TALUK MANDYA DISTRICT - 571 422.

NARASIMHAMURTHY

S/O LATE KUNTEGOWDA @ MOTEGOWDA AGE 63 YEARS R/O THUMBAKERE VILLAGE, KACHIGERE POST, KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT - 571 404.

…RESPONDENTS

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HC-KAR

NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017

CNR: KAHC010544552017

(BY SRI. P. NATARAJU, ADVOCATE FOR R1; SRI. NARENDRA D.V. GOWDA, ADVOCATE FOR R4; SRI. D.C. PRAMESHWARAIAH, ADVOCATE FOR R2 AND R3)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.03.2017 PASSED IN RA NO.11/2015 ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.10.2014 PASSED IN OS NO.104/2011 ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE AND JMFC., AT MANDYA.

IN RSA NO. 2214/2017

BETWEEN:

SRI. RAMEGOWDA S/O LATE SIDDEGOWDA, AGED ABOUT 66 YEARS R/AT SIDDESWARA NILAYA, MANDYA ROAD, K.M. DODDI, MADDUR TALUK - 571 423.

...APPELLANT

(BY SRI. AKARSH KUMAR GOWDA, ADVOCATE)

AND:

SMT. NAGARATHNA W/O LATE T. KUNTEGOWDA, AGED ABOUT 61 YEARS C/O SHASHIKIRAN.T.K. NO.C-15, CHAMUNDESHWARI SUGARS QUARTERS, K.M.DODDI, MADDUR TALUK - 571 423

SRI.RAMACHANDRA T.K. S/O LATE KUNTEGOWDA @ MOTEGOWDA, AGED ABOUT 61 YEARS

SRI. NARASIMHAMURTHY S/O LATE KUNTEGOWDA @ MOTEGOWDA, AGED ABOUT 63 YEARS

HC-KAR

NC: 2026:KHC:37590 RSA No. 1774 of 2017 C/W RSA No. 2214 of 2017

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CNR: KAHC010544552017

SMT. SOUBHAGYA W/O LATE CHALUVARAJU, AGED ABOUT 56 YEARS

RESPONDENTS NO.2 TO 4 ARE R/AT THUMBAKERE VILLAGE, KACHIGERE POST, KASABA HOBLI, MANDYA TALUK - 571 243.

...RESPONDENTS

(BY SRI. P. NATARAJU, ADVOCATE FOR R1; R2 TO R4 SERVED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.03.2017 PASSED IN R.A.NO.5/2015 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.10.2014 PASSED IN O.S.NO.104/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MANDYA.

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

ORAL ORDER

Sri.P.N.Nataraju, learned counsel for the

respondent No.1 in both the appeals, files a memo. Memo reads as under:

“The 1^st respondent herewith producing the copy of order passed in FDP No.9/2015 dated 23.09.2019 for the kind perusal of this Hon’ble Court in the interest of justice and equity.”

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HC-KAR

CNR: KAHC010544552017

The present appeals are filed challenging the grant of preliminary decree. Since the Final Decree Proceedings itself completes, appeals are dismissed as they have rendered infructuous.

However, dismissal of these appeals would not

come in the way of the aggrieved parties to challenge the Final Decree Proceedings in accordance with law.

Needless to emphasize that if any such appeals are

filed, remaining parties are entitled to oppose the same in accordance with law.

Sd/(V SRISHANANDA) JUDGE

KAV List No.: 1 Sl No.: 59