- 1 - NC: 2025:KHC:5739 RSA No. 175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.175 OF 2025 (PAR) BETWEEN: B.D. SHARADHISHAYANA AGED ABOUT 63 YEARS, S/O LATE DODDARANGAIAH, R/AT NEW WATER TANK, NEAR HETHENALLAMMA TEMPLE, GOOD SHED COLONY, SHANTINAGAR, TUMAKURU – 572 201 …APPELLANT (BY SRI. SUNDARA RAMAN M.V., ADVOCATE) AND: 1. B.D.NARAYANA S/O LATE DODDARANGAIAH, AGED ABOUT 60 YEARS, R/AT BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK, NOW R/AT NEAR ANJINEYA TEMPLE, SHANTINAGAR, TUMAKURU. 2. JAYALAKSHMAMMA W/O LATE B.D.VYKUNTASWAMY, AGED ABOUT 65 YEARS, Digitally signed by VEDAVATHI A K Location: High court of Karnataka - 2 - NC: 2025:KHC:5739 RSA No. 175 of 2025 3. RATHNAKUMARA S/O LATE B D VYKUNTASWAMY, AGED ABOUT 40 YEARS, 4. GOPALKRISHNA S/O LATE B D VYKUNTASWAMY, AGED ABOUT 38 YEARS, 5. PREMALATHA S/O LATE B D VYKUNTASWAMY, AGED ABOUT 35 YEARS, 6. SANJEEVAMMA W/O LATE B D RAMANJINEYA, AGED ABOUT 60 YEARS, 7. RAJANNA S/O LATE B D RAMANJINEYA, AGED ABOUT 37 YEARS, 8. BHAGYAMMA S/O LATE B D RAMANJINEYA, AGED ABOUT 35 YEARS, 9. NAGAMMA S/O LATE B D RAMANJINEYA AGED ABOUT 33 YEARS, 10. JAYAMMA D/O LATE B D RAMANJINEYA, AGED ABOUT 30 YEARS, 11. SWAMY S/O LATE B D RAMANJINEYA, AGED ABOUT 28 YEARS, 12. B D LAKSHMIRAMANAIAH S/O LATE DODDARANGAIAH, AGED ABOUT 67 YEARS, R/AT BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK. - 3 - NC: 2025:KHC:5739 RSA No. 175 of 2025 13. JANAKAMMA D/O LATE DODDARANGAIAH, W/O LATE NARASAHANUMAIAH, AGED ABOUT 70 YEARS, R/AT A K KAVAL, (VADDARAHALLI) GULURU HOBLI, TUMAKURU TALUK. 14. B.GANGADHARAGOWDA S/O LATE BOREGOWDA, AGED ABOUT 70 YEARS, R/O BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK. 15. RANGASWAMAIAH AGED ABOUT 50 YEARS, S/O DODDAIAH, R/O BYADIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK. 16. YASHODAMMA AGED ABOUT 75 YEARS, W/O LATE SIDDALINGEGOWDA, 17. SUNIL PATIL AGED ABOUT 50 YEARS, S/O LATE SIDDALINGEGOWDA, LEGAL REPRESENTATIVES OF SIDDALINGEGOWDA (DEFEDANT NO.16 IN OS NO.43/2016) BOTH ARE R/AT BYADIGERE AT POST, KADABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. 18. NANJAMMA AGED ABOUT 52 YEARS, W/O SEETHARAMAIAH, R/AT BYADIGERE VILLAGE, - 4 - NC: 2025:KHC:5739 RSA No. 175 of 2025 KADABA HOBLI, GUBBI TALUK. 19. PUTTANANJAMMA AGED ABOUT 70 YEARS, W/O GANGADHARAGOWDA, R/AT BYDAIGERE VILLAGE, KADABA HOBLI, GUBBI TALUK. …RESPONDENTS (BY SRI. R.P.SOMASHEKARAIAH, ADVOCATE) THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.11.2024 PASSED IN RA.NO.29/2023 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 03.01.2023 PASSED ON I.A.NO.18 IN OS.NO.43/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GUBBI, ALLOWING THE I.A NO.18 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Office has raised objection regarding maintainability of the appeal. 2. Learned counsel for the appellant has filed a memo for converting regular second appeal into miscellaneous second appeal. - 5 - NC: 2025:KHC:5739 RSA No. 175 of 2025 3. The memo is placed on record. 4. The learned counsel for the appellant is permitted to convert regular second appeal into miscellaneous second appeal. Hence, office is directed to assign new number and place before the appropriate Bench. 5. Accordingly, appeal is disposed of for statistical purpose. Sd/- (K.NATARAJAN) JUDGE PB List No.: 1 Sl No.: 26