Smt Savithramma vs Smt Sarojamma
2025 Latest Caselaw 10486 Kant

Karnataka High Court

Smt Savithramma vs Smt Sarojamma on 20 November, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                           NC: 2025:KHC:47918
                                                        RSA No. 1087 of 2023


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 20TH DAY OF NOVEMBER, 2025

                                            BEFORE

                            THE HON'BLE MR. JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO.1087 OF 2023 (PAR/INJ)

                   BETWEEN:

                   1.    SMT. SAVITHRAMMA,
                         D/O LATE B. BYRALINGAIAH,
                         W/O S.G. RAJASHEKARAIAH,
                         AGED ABOUT 63 YEARS,
                         RESIDING AT SREENIVASAPURA VILLAGE,
                         KASABA HOBLI,
                         NELAMANGAL TALUK-562123.
                                                                 ...APPELLANT

                              (BY SRI. T. SESHAGIRI RAO, ADVOCATE)

                   AND:


Digitally signed   1.    SMT. SAROJAMMA,
by DEVIKA M              D/O LATE B. BYRALINGAIAH,
Location: HIGH           W/O LATE VIJAYANNA,
COURT OF
KARNATAKA                AGED ABOUT 65 YEARS,
                         RESIDING AT BYRASANDRA VILLAGE,
                         KASABA HOBLI, MADALAKOTE POST,
                         NELAMANGALA TALUK-562123.

                   2.    SMT. MAHALAKSHMAMMA,
                         D/O LATE B. BYRALINGAIAH,
                         W/O LATE CHANDRASHEKAR,
                         AGEDA BOUT 71 YEARS,
                         RESIDING AT MALLARABANAVADI VILLAGE,
                         KASABA HOBLI, NELAMANGALA TALUK,
                         BENGALURU RURAL DISTRICT-562123.
                               -2-
                                           NC: 2025:KHC:47918
                                        RSA No. 1087 of 2023


HC-KAR




3.   SRI. B.H. MUNIRAJU,
     S/O HANUMAIAH,
     AGED ABOUT 61 YEARS,
     RESIDING AT BOMMANAHALLI VILLAGE,
     KASABA HOBLI, NELAMANGALA TALUK,
     BENGALURU RURAL DISTRICT-562123.
                                              ...RESPONDENTS

      (BY SRI HEGDE SHRIPAD GANGADHAR, ADVOCATE
                     FOR R1 AND R2;
                      R3 - SERVED)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.03.2023
PASSED IN R.A.NO.7/2021 ON THE FILE OF THE II
ADDITIONAL   SENIOR    CIVIL  JUDGE,    NELAMANGALA,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 12.03.2021 PASSED IN O.S.NO.136/2008
ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC,
NELAMANGALA.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

                      ORAL JUDGMENT

The learned counsel for the appellant has filed a memo

stating that the parties to the above appeal have settled the

matter by effecting partition of the subject properties on

27.01.2025 and the same is registered in the office of the Sub-

Registrar, Nelamangala on 28.01.2025. The copy of the

partition deed is also produced before the Court and hence,

NC: 2025:KHC:47918

HC-KAR

prayed this Court to dispose of the appeal taking the same on

record.

2. The learned counsel for respondent Nos.1 and 2

also not disputes the same and they are also parties to the

partition.

3. The respondent No.3 is the purchaser and both the

learned counsel submits that the property, which was

purchased by respondent No.3 is not touched in the partition.

Hence, the memo is taken on record and the second appeal is

disposed of in terms of the memo.

Sd/-

(H.P.SANDESH) JUDGE

MD