SRI.K. NAGARAJA REDDY vs SRI.D.C. LAKSHMAIAH

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 1998 OF 2023 (CPC)

C/W

MISCELLANEOUS FIRST APPEAL NO. 2020 OF 2023 (CPC)

MISCELLANEOUS FIRST APPEAL NO. 2024 OF 2023 (CPC)

MISCELLANEOUS FIRST APPEAL NO. 2028 OF 2023 (CPC)

IN MFA No. 1998/2023

BETWEEN:


SRI. K. NAGARAJA REDDY
S/O LATE KONDAPPA
AGED 60 YEARS,
R/AT ITAKALAPURA VILLAGE,
HESARAGHATTA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 064.
…APPELLANT






Digitally
signed by
VINUTHA M
Location:
HIGH COURT
OF
KARNATAKA

(BY SRI. VISWANATHA SETTY V, ADVOCATE)
AND:

1. SRI. D.C. LAKSHMAIAH
S/O LATE CHIKKANNAPPA
AGED ABOUT 85 YEARS,
R/AT OLD NO.43, NEW NO.24,
8TH CROSS, SWIMMING POOL EXTN.
MALLESHWARAM,
BENGALURU - 560 003.

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



2. SRI. D.A. HANUMANTHARAYA
S/O LATE D.C. APPANNAPPA
AGED 73 YEARS,
(DIED AND RESPONDENT NO.5 IS ONLY
THE LEGAL HEIR OF DECEASED R2)

3.
SRI. D.A. MANJUNATH
S/O LATE D.C. APPANNAPPA
AGED ABOUT 64 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

4. SRI. D. ASHWATHANARAYANA
S/O LATE D.C. APPANNAPPAA
AGED ABOUT 71 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

5. SMT. H. ANITHA
D/O HANUMANTHARAYA,
W/O ASHWATHARAME GOWDA M
AGED ABOUT 45 YEARS,
R/AT OLD NO.43, NEW NO.24,
8TH CROSS, 1ST FLOOR,
SWIMMING POOL EXTN.,
MALLESWARAM, BENGALURU - 560 003.

6. SMT.GOWRAMMA
D/O LATE D.C. MOODLAPPA
AGED ABOUT 47 YEARS,

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



7. SMT. RAJALAKSHMAMMA
D/O LATE D.C. MOODLAPPA
AGED ABOUT 49 YEARS,

R6 AND R7 ARE R/AT ALLUR VILLAGE,
ALLUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU DISTRICT.

8.
SRI. K. ASHWATHANARAYANA
S/O LATE KONDAPPA
AGED ABOUT 72 YEARS,
R/AT ITAKALAPURA VILLAGE,
HESARAGHATTA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 089.
…RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1, R3 TO R7;
SRI. G.S. VENKATA SUBBA RAO, ADVOCATE FOR R8;
VIDE ORDER DATED 07.07.2023, R5 IS THE LR OF
DECEASED R2)

THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 01.12.2022 PASSED ON
I.A.NO.I IN OS.NO.273/2022 ON THE FILE OF THE VII
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, ALLOWING THE I.A.NO.I FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC.

IN MFA NO. 2020/2023
BETWEEN:
SRI. K. ASHWATHANARAYANA
S/O LATE KONDAPPA,
AGED ABOUT 72 YEARS,

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



R/AT ITAKALAPURA VILLAGE,
HESARAGHATTAA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 089.
...APPELLANT
(BY SRI. G.S. VENKATA SUBBA RAO, ADVOCATE)
AND:
1. SRI. D.C. LAKSHMAIAH
S/O LATE CHIKKANNAPPA,
AGED ABOUT 85 YEARS,
R/AT OLD NO.43, NEW NO.24,
8TH CROSS, SWIMMING POOL EXTN.,
MALLESHWARAM, BENGALURU - 560 003.

2. SRI D.A. HANUMANTHARAYA
S/O LATE D.C. APPANNAPPA,
AGED ABOUT 73 YEARS,
R/AT NEW NO.24, 8TH CROSS,
IST FLOOR, SWIMMING POOL EXTEN,
MALLESHWARAM, BENGALURU - 560 003.

REPORTED DEAD AND REPRESENTED BY HIS
LEGAL REPRESENTATIVE
H. ANITHA- RESPONDENT NO.5

3. SRI. D.A. MANJUNATH
S/O LATE D.C. APPANNAPPA
AGED ABOUT 64 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

- 5 -
HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



4. SRI. D. ASHWATHANARAYANA
S/O LATE D.C. APPANNAPPAA
AGED ABOUT 71 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

5.
SMT. H. ANITHA
D/O HANUMANTHARAYA,
W/O ASHWATHARAME GOWDA M
AGED ABOUT 45 YEARS,
R/AT OLD NO.43, NEW NO.24,
8TH CROSS, 1ST FLOOR,
SWIMMING POOL EXTN.,
MALLESWARAM, BENGALURU - 560 003.

6. SMT.GOWRAMMA
D/O LATE D.C. MOODLAPPA
W/ RAJAGOPALA A.G
AGED ABOUT 48 YEARS,

7. SMT. RAJALAKSHMAMMA
D/O LATE D.C. MOODLAPPA
AGED ABOUT 50 YEARS,

R6 AND R7 ARE R/AT ALLUR VILLAGE,
ALLUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU DISTRICT.

8. SRI. K. NAGARAJA REDDY
S/O LATE KONDAPPA
AGED ABOUT 60 YEARS,
R/AT ITAKALAPURA VILLAGE,

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



HESARAGHATTA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 089.
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1, R3 TO R7;
SRI. VISWANATHA SETTY V, ADVOCATE FOR R8;
VIDE ORDER DATED 07.07.2023, R5 IS THE LR OF
DECEASED R2)

THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC,
AGAINST THE ORDER DT.01.12.2022 PASSED ON IA NO.2
IN O.S.NO.273/2022 ON THE FILE OF THE VII ADDITIONAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU, ALLOWING IA NO.2 FILED U/O.39 RULES 1
AND 2 OF CPC.
IN MFA NO. 2024/2023
BETWEEN:

SRI. K. ASHWATHANARAYANA
S/O LATE KONDAPPA,
AGED ABOUT 72 YEARS,
R/AT ITAKALAPURA VILLAGE,
HESARAGHATTAA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 089.
...APPELLANT
(BY SRI. G.S. VENKATA SUBBA RAO, ADVOCATE)
AND:
1. SRI. D.C. LAKSHMAIAH
S/O LATE CHIKKANNAPPA,
AGED ABOUT 85 YEARS,
R/AT OLD NO.43, NEW NO.24,

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



8TH CROSS, SWIMMING POOL EXTN.,
MALLESHWARAM, BENGALURU - 560 003.

2. SRI D.A. HANUMANTHARAYA
S/O LATE D.C. APPANNAPPA,
AGED ABOUT 73 YEARS,
R/AT NEW NO.24, 8TH CROSS,
IST FLOOR, SWIMMING POOL EXTEN,
MALLESHWARAM, BENGALURU - 560 003.

REPORTED DEAD AND REPRESENTED BY HIS
LEGAL REPRESENTATIVE
H. ANITHA- RESPONDENT NO.5

3.
SRI. D.A. MANJUNATH
S/O LATE D.C. APPANNAPPA
AGED ABOUT 64 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

4. SRI. D. ASHWATHANARAYANA
S/O LATE D.C. APPANNAPPAA
AGED ABOUT 71 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

5.
SMT. H. ANITHA
D/O HANUMANTHARAYA,
W/O ASHWATHARAME GOWDA M
AGED ABOUT 45 YEARS,
R/AT OLD NO.43, NEW NO.24,

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



8TH CROSS, 1ST FLOOR,
SWIMMING POOL EXTN.,
MALLESWARAM, BENGALURU - 560 003.

6. SMT.GOWRAMMA
D/O LATE D.C. MOODLAPPA
W/ RAJAGOPALA A.G
AGED ABOUT 48 YEARS,

7. SMT. RAJALAKSHMAMMA
D/O LATE D.C. MOODLAPPA
AGED ABOUT 50 YEARS,

R6 AND R7 ARE R/AT ALLUR VILLAGE,
ALLUR POST, DASANAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU DISTRICT.

8. SRI. K. NAGARAJA REDDY
S/O LATE KONDAPPA
AGED ABOUT 60 YEARS,
R/AT ITAKALAPURA VILLAGE,
HESARAGHATTA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 089.
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1, R3 TO R7;
SRI. VISWANATHA SETTY V, ADVOCATE FOR R8;
VIDE ORDER DATED 07.07.2023, R5 IS THE LR OF
DECEASED R2)

THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC,
AGAINST THE ORDER DT.01.12.2022 PASSED ON IA NO.1
IN O.S.NO.273/2022 ON THE FILE OF THE VII ADDITIONAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULE 1

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



AND 2 OF CPC.
IN MFA NO. 2028/2023
BETWEEN:
SRI. K. NAGARAJA REDDY,
S/O LATE KONDAPPA,
AGED ABOUT 60 YEARS,
R/AT ITAKALAPURA VILLAGE,
HESARAGHATTA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 064.
...APPELLANT
(BY SRI. VISWANATHA SETTY V, ADVOCATE)
AND:
1. SRI. D.C. LAKSHMAIAH
S/O LATE CHIKKANNAPPA,
AGED ABOUT 85 YEARS,
R/AT OLD NO.43, NEW NO.24,
8TH CROSS, SWIMMING POOL EXTN.,
MALLESHWARAM, BENGALURU - 560 003.

2. SRI D.A. HANUMANTHARAYA
S/O LATE D.C. APPANNAPPA,
AGED ABOUT 73 YEARS,
R/AT NEW NO.24, 8TH CROSS,
IST FLOOR, SWIMMING POOL EXTEN,
MALLESHWARAM, BENGALURU - 560 003.
THE RESPONDENT NO.2 IS NO MORE AND THE
RESPONDENT NO.5 IS THE ONLY LEGAL HEIR
OF THE DECEASED RESPONDENT NO.2 VIDE
COURT ORDER DATED 7.7.2023

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



3. SRI. D.A. MANJUNATH
S/O LATE D.C. APPANNAPPA
AGED ABOUT 64 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.


4. SRI. D. ASHWATHANARAYANA
S/O LATE D.C. APPANNAPPAA
AGED ABOUT 71 YEARS,
C/O GANGAPPA (HOSAHATTI)
DIBBUR VILLAGE, KAKOLU POST,
HESARAGHATTA HOBLI, YELAHANKA TALUK,
BENGALURU - 560 089.

5. SMT. H. ANITHA
D/O HANUMANTHARAYA,
W/O ASHWATHARAME GOWDA M
AGED ABOUT 45 YEARS,
R/AT OLD NO.43, NEW NO.24,
8TH CROSS, 1ST FLOOR,
SWIMMING POOL EXTN.,
MALLESWARAM, BENGALURU - 560 003.



6. SMT.GOWRAMMA
D/O LATE D.C. MOODLAPPA
W/ RAJAGOPALA A.G
AGED ABOUT 48 YEARS,


7. SMT. RAJALAKSHMAMMA
D/O LATE D.C. MOODLAPPA
AGED ABOUT 50 YEARS,
R6 AND R7 ARE R/AT ALLUR VILLAGE,
ALLUR POST, DASANAPURA HOBLI,

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



BENGALURU NORTH TALUK,
BENGALURU DISTRICT.




8. SRI. K. ASHWATHANARAYANA
S/O LATE KONDAPPA,
AGED ABOUT 72 YEARS
R/AT ITAKALAPURA VILLAGE,
HESARAGHATTA HOBLI,
YELAHANKA TALUK
BENGALURU - 560 064.
...RESPONDENTS
(BY SRI. B. RAMESH, ADVOCATE FOR R1, R3 TO R7;
SRI. G.S. VENKATA SUBBA RAO, ADVOCATE FOR R8;
VIDE ORDER DATED 07.07.2023, R5 IS THE LR OF
DECEASED R2)


THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED 01.12.2022 PASSED ON
I.A. NO. II IN O.S.NO. 273/2022 ON THE FILE OF THE VII
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, ALLOWING THE I.A. NO.2 FILED
UNDER ORDER XXXIX RULES 1 AND 2 OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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HC-KAR
NC: 2026:KHC:57856
MFA No. 1998 of 2023
C/W MFA No. 2020 of 2023
MFA No. 2024 of 2023
AND 1 OTHER


CNR: KAHC010156502023



ORAL JUDGMENT

Learned counsel for the appellants and learned
counsel for the respondents are present. They submit that
suit has been dismissed. Hence, the present appeal would
not survive for consideration. It is also submitted that they
have challenged the dismissal of the suit by filing the
Regular First Appeal.
2. Be that as it may, the original suit having been
dismissed, present appeals would not survive for
consideration. Hence, appeals are dismissed as having
become infructuous . All contentions of the parties are
kept open, including the proceedings with regard to the
disobedience of the order of the Court.


Sd/-
(PRADEEP SINGH YERUR)
JUDGE


RCK
List No.: 1 Sl No.: 21