- 1 - NC: 2025:KHC:15167-DB RFA No. 2441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 2441 OF 2024 (PAR) BETWEEN: SRI M. K. KURUVILLA AGED ABOUT 62 YEARS S/O. LATE M. C. KURIAN NO.843, 15TH MAIN 3RD BLOCK, KORAMANGALA BENGALURU - 560 034. …APPELLANT (BY SRI BEEMAPPA, ADVOCATE FOR, SRI B. N. JAYADEVA, ADVOCATE) AND: SRI M. L. PATEL AGED ABOUT 68 YEARS S/O. LATE SRI RAMDEV PATEL NO.79, VIJAYA BANK COLONY BANASWADI BENGALURU - 560 043. …RESPONDENT (BY SRI P. B. RAJU, ADVOCATE) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 151 OF C.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND DECREE DATED 07.03.2012 PASSED IN O.S.NO.35/2007 AND ORDER DATED 06.01.2018 PASSED IN RA NO.67/2012 ON THE FILE OF THE HON'BLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN AND ORDER DATED 21.08.2024 PASSED IN REVIEW PETITION NO.2/2021 ON THE FILE OF HON'BLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15167-DB RFA No. 2441 of 2024 THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) Sri. Beemappa, learned counsel representing Sri. B. N. Jayadeva, learned counsel for the appellant is present before the Court physically and submits that he has filed a memo along with death certificate of the appellant-Mr. M. K. Kuruvilla. 2. The said memo along with death certificate of the appellant is taken on record. 3. The appellant has filed RA.No.67/2012 before the learned V Addl. District and Sessions Judge, Hassan challenging the judgment and decree dated 07.03.2012 passed by the learned Senior Civil Judge and J.M.F.C., Sakleshpur, Hassan in O.S.No.35/2007. The said appeal was dismissed on 06.01.2018. 4. However, the appellant preferred Regular First Appeal instead of preferring Regular Second Appeal challenging the judgment and decree in RA.No.67/2012. - 3 - NC: 2025:KHC:15167-DB RFA No. 2441 of 2024 5. Accordingly, this appeal is disposed of, with liberty to the appellant to approach the appropriate Court. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 17