- 1 - NC: 2023:KHC-D:14188 RFA No. 100215 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.100215/2023(PAR/POS) BETWEEN: SRI SANGAPPA S/O MALLAPPA KALI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: KALADAGI, TQ AND DIST: BAGALKOT. …APPELLANT (BY SRI M. C. HUKKERI, ADVOCATE) AND: SRI MAHADEVAPPA S/O MALLAPPA KALI, AGE: 67 YEARS, OCC: RETIRE JAILER, R/O: NEAR KHADI KENDRA, 1ST CROSS, GADDANAKERI, TQ AND DIST: BAGALKOT – 587 111. …RESPONDENT THIS RFA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.171/2019, ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSION JUDGE, BAGALKOT TO SIT AT JAMKHANDI THE APPEAL CAME TO BE PARTLY ALLOWED ON 10.01.2023 BY MODIFYING THE JUDGMENT AND DECREE PASSED BY THE PRIL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL IN O.S.NO. 65/2012 ON 22.04.2019 IS MODIFIED AS THE PLAINTIFF IS ENTITLED FOR 11/70TH SHARE IN SUIT SCHEDULE PROPERTIES AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by SUJATA SUBHASH PAMMAR - 2 - NC: 2023:KHC-D:14188 RFA No. 100215 of 2023 ORDER The appeal is filed by invoking Section 100 of the Code of Civil Procedure, 1908 and mentioned as Regular Second Appeal. But in the presentation form, the counsel has written it as Regular First Appeal and accordingly, it is registered as Regular First Appeal. 2. Since the appeal is filed as Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, the Regular First Appeal is registered wrongly and the same is to be treated as Regular Second Appeal. Accordingly, register this case as Regular Second Appeal and Registry is permitted to make correction on the presentation form as Regular Second Appeal. Accordingly, this Regular First Appeal is closed/disposed of for statistical purpose. SD/- JUDGE SSP List No.: 2 Sl No.: 15 CT-ASC