HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 2697 OF 2011 (PAR)

C/W REGULAR SECOND APPEAL NO. 2670 OF 2011 (PAR)

IN RSA No. 2697/2011 BETWEEN:

1. SMT LAKSHMAMMA, D/O LATE KEMPAMMA, AGED ABOUT 48 YEARS, R/AT BUDAMANAHALLI ARAKERE POST, VIA DODDABALLAPUR, BANGALORE RURAL DISTRICT - 586135.

2. SMT CHIKKAMMA, D/O LATE DODANARASIMHAIAH, Digitally R/AT BUDAMANAHALLI ARAKERE POST, signed by C VIA DODDABALLAPUR, HONNUR SAB BANGALORE RURAL DISTRICT - 586135.

…APPELLANTS Location:

(BY SRI T SESHAGIRI RAO, ADVOCATE)

HIGH COURT OF AND:

KARNATAKA

1. SRI CHIKKANARASIMAHAIAH, SINCE DEAD BY HIS LRS

1(a) SMT DODACHIKKAMMA, W/O LATE CHIKKANARASIMAHAIAH, AGED ABOUT 88 YEARS, 1(b) SMT LAKSHMAMMA, HC-KAR W/O LATE CHIKKANARASIMAHAIAH, AGED ABOUT 56 YEARS, SL NOS.1(a) AND 1(b) ARE RESIDING AT CHOKKANAHALLI, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT - 560088.

2. SMT ERAMMA, W/O LATE CHIKKAHANUMNATHAPPA, SINCE DEAD BY LRS.

2(a) SMT RADHAMMA, W/O LATE MUNIRAJU, AGED ABOUT 58 YEARS, 2(b) SMT PRABHA, D/O LATE MUNIRAJU, AGED ABOUT 40 YEARS, 2(c) SRI NARASIMHA MURTHY, S/O LATE MUNIRAJU, AGED ABOUT 39 YEARS, 2(d) SMT PAVITHRA, D/O LATE MUNIRAJU, AGED ABOUT 38 YEARS, 2(e) SMT VIDYA, D/O LATE MUNIRAJU, AGED ABOUT 21 YEARS, R/AT CHOKKANAHALLI VILLAGE, HESARAGHATTA HOBLI, AREKERE POST, VIA DODDABALLAPURA, BANGALORE NORTH TALUK, BANGALORE RURAL DISTRICT - 586135.

3. SMT NARASAMMA, D/O DODANARASIMHAIAH, W/O MALLIYAPPA, AGED ABOUT 50 YEARS, HC-KAR R/AT SINGANAYAKANAHALLI, BANGALORE NORTH TALUK, BANGALORE RURAL DISTRICT - 561203.

4. SRI CHANDRAPPA, S/O MARIYAPPA, AGED ABOUT 54 YEARS, R/AT CHOKKANAHALLI VILLAGE, ARAKERE POST, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BANGALORE RURAL DISTRICT - 586135.

5. SMT RADHAMMA, W/O LATE MUNIRAJU, AGED ABOUT 58 YEARS, 6. SMT PRABHA, D/O LATE MUNIRAJU, AGED ABOUT 40 YEARS, 7. SRI NARASIMHA MURTHY, S/O LATE MUNIRAJU, AGED ABOUT 38 YEARS, 8. SMT PAVITHRA, D/O LATE MUNIRAJU, AGED ABOUT 38 YEARS, SL NOS.5 TO 8 ARE R/AT CHOKKANAHALLI VILLAGE, HESARAGHATTA, ARAKERE POST, VIA DODABALLAPURA, BANGALORE NORTH TALUK, BANGALORE RURAL DISTRICT - 560088.

…RESPONDENTS (V/O/DT 10.12.2013, NOTICE TO R1(A), R1(B) IS H/S R3 IS SERVED, SRI NAVEEN CHANDRASHEKAR, ADV FOR R2(A-E) & R5 TO R8 SRI C SHANKAR REDDY, ADVOCATE FOR R4)

HC-KAR THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 15.9.2011 PASSED IN R.A.NO.94/2009 ON THE FILE OF II ADDITIONAL DISTRICT JUDGE AND IN CHARGE JUDGE, FAST TRACK COURT-I, BANGALORE RURAL DISTRICT, BANGALORE, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 16.4.2009 PASSED IN OS.NO.302/1993 ON THE FILE OF I ADDITIONAL CIVIL JUDGE (SR.DN.), BANGALORE RURAL DISTRICT, BANGALORE.

IN RSA NO. 2670/2011 BETWEEN:

1. SRI CHIKKANARASIMHAIAH SINCE DEAD BY HIS LEGAL REPRESENTATIVES

1(a) SMT DODDACHIKKAMMA, AGED ABOUT 86 YEARS, W/O LATE CHIKKANARASIMHAIAH, 1(b) LAKSHMAMMA, AGED ABOUT 50 YEARS, D/O LATE CHIKKANARASIMHAIAH, BOTH ARE R/AT CHOKKANAHALLI, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT.

2. SRI CHANDRAPPA, AGED ABOUT 41 YEARS, S/O MALAYAPPA, RESIDING AT CHOKKANAHALLI, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT.

...APPELLANTS (BY SRI C SHANKAR REDDY, ADVOCATE)

HC-KAR AND:

1. SMT LAKSHMAMMA, AGED ABOUT 43 YEARS, D/O KEMPAMMA , R/AT BUDDAMAHANALLI, ARAKERE POST, VIA DODDABALLAPURA, BENGALURU RURAL DISTRICT.

2. SMT CHIKKAMMA, AGED ABOUT 58 YEARS, D/O LATE DODDANARASIMHAIAH, R/AT BUDAMANAHALLI, ARAKERE POST, VIA DODDABALLAPURA, BENGALURU RAURAL DISTRICT.

3. SMT ERAMMA W/O LATE CHIKKHANUMANTHAPPA, SINCE DEAD BYHER LEGAL REPRESENTATIVES

3(a) SMT RADHAMMA, W/O LATE MUNIRAJU, AGED ABOUT 58 YEARS, 3(b) SMT PRABHA, D/O LATE MUNIRAJU, AGED ABOUT 40 YEARS, 3(c) SRI NARASIMHA MURTHY, S/O LATE MUNIRAJU, AGED ABOUT 39 YEARS, 3(d) SMT PAVITHRA, D/O LATE MUNIRAJU, AGED ABOUT 38 YEARS, 3(e) SMT VIDYA, D/O LATE MUNIRAJU, AGED ABOUT 21 YEA