IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE UMESH M ADIGA

REGULAR SECOND APPEAL NO. 1924 OF 2011 (PAR)

BETWEEN:

1. SMT. MAHALAKSHMI W/O LATE C S NAGENDRA

AGED ABOUT 35 YEARS 2. N V VISHWAJEETH

S/O LATE C S NAGENDRA

AGED ABOUT 13 YEARS

(DIED ISSUELESS ON 03.02.2014)

V/O DTD 3.2.15 APPELLANT NO.2 IS DELETED

3. HEMANTH

S/O LATE C S NAGENDRA

AGED ABOUT 8 YEARS

MINOR REP BY HIS MOTHER

Digitally signed

by AND NATURAL GUARDIAN-

SHARADAVANI

THE APPELLANT NO.1 HEREIN.

B

Location: High

Court of APPELLANTS 1 AND 3 ARE

Karnataka

R/AT NO 55, 1ST MAIN ROAD, 2ND CROSS, HOUSING BOARD

COLONY, 22ND WARD, NANJANGUD- 571301.

…APPELLANTS

(BY SRI. S KALYAN BASAVARAJ., ADVOCATE

AND:

1. SMT. M.N.NAGARATHNAMMA

W/O LATE S SIDDAIAH AGED ABOUT 63 YEARS

2. SMT SUDHARATHNA D/O LATE S SIDDAIAH AGED ABOUT 39 YEARS

3. SMT BANUMATHI D/O LATE S SIDDAIAH ABOUT 37 YEARS RESPONDENT 1 TO 3 ARE R/AT NO.55, 1ST MAIN RAOD, 2ND CROSS, HOUSING BOARD COLONY, 22ND WARD, NANJANGUDAGED- 571301.

4. HOUSING COMMISISONER THE KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, K G ROAD, BANGALORE- 560009

5. SECRETARY THE KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, K G ROAD, BANGALORE- 560009

6. ASSISTANT EXECUTIVE ENGINEER THE KARNATAKA HOUSING BOARD, NO 2 SUB DIVISION SARASWATHIPURAM MYOSRE- 570001 …RESPONDENTS (BY SRI. J C KUMAR., ADVOCATE FOR R2 AND R3;

SRI. PUSHPA KANTHA, ADVOCATE FOR R4 TO R6;

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST R.A.NO.174/2010 ON THE FILE OF THE III ADDL. SESSIONS JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND PASSED IN O.S.NO.41/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., NANJANGUD.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA

ORAL JUDGMENT

Learned counsel for the respondents has filed a xerox copy of the order dated 30.06.2018 passed in FDP No.26/2011 by the Senior Civil Judge and JMFC at Nanjanagudu, wherein the final decree was drawn in terms of the commissioner's report.

In view of these reasons, the learned counsel for the appellant submits that the matter become infructuous. Accordingly, the appeal is dismissed as having become infructuous.

Sd/-

(UMESH M ADIGA)

JUDGE AMA List No.: 1 Sl No.: 14