- 1 - HC-KAR NC: 2025:KHC:41229-DB RFA No. 1444 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1444 OF 2018 (SP) BETWEEN: 1. SMT. LAKSHMAMMA AGED ABOUT 50 YEARS, W/O SRI.K.VASANTHAKUMAR, 2. SRI.K. VASANTHAKUMAR AGED ABOUT 55 YEARS, S/O LATE KALAIAH 3. V KRISHNAKANTH AGED ABOUT 28 YEARS, S/O SRI.K. VASANTHA KUMAR ALL ARE RESIDING AT: NARASIMHASWAMY CHAITHANYA MUTT, DODDAGOSAI GHAT, GANJAM, SRIRANGAPATNA, MANDYA DISTRICT-571438 …APPELLANTS (BY SRI. BALAJI R., ADVOCATE) AND: 1. SRI. J. SOMASHEKAR S/O A.B. JAGADISH, AGED ABOUT 51 YEARS, BOMMURU AGRAHARA VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41229-DB RFA No. 1444 of 2018 MANDYA DISTRICT-571438. 2. MRS.V.KRISHNAVENI AGED ABOUT 30 YEARS, D/O MR. K. VASANTHA KUMAR RESIDING AT FLAT No.203, THAPOVANA SARASWATHI, INDUSTRIAL SUBURB, VISVESHWARANAGARA, MYSURU CITY, PIN 570 008. 3. MR. V. SRIKRISHNA AGED ABOUT 25 YEARS, S/O MR. K. VASANTHA KUMAR RESIDING AT NO.4504/9A, 8TH CROSS, ST.MARRY'S MAIN ROAD, NARASIMHARAJA MOHALLA, MYSURU CITY-570 007 RESPONDENT No.2 & 3 WERE FORMERLY RESIDING AT NARASIMHASWAMY CHAITHANYA MUTT, DODDAGOSAI GHAT, GANJAM, SRIRANGAPATNA, MANDYA DISTRICT PIN 571438. …RESPONDENTS (BY SRI. R.S.RAVI, SENIOR COUNSEL FOR SRI. AKARSH KUMAR GOWDA., ADVOCATE FOR R-1) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.04.2018 PASSED IN OS.NO.77/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., SRIRANGAPATNA, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:41229-DB RFA No. 1444 of 2018 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel for the appellants and learned counsel for respondent No.1 are consensum ad idem that certain mistakes have crept in the impugned judgment and decree which would go to the root of the matter and it would be expedient and in the interest of justice to allow the appeal and set aside the impugned judgment and decree and remand the matter back to the Trial Court for fresh decision in accordance with law. 2. Considering the aforesaid submissions and consensus ad idem between the learned counsel appearing for the parties, we set aside the impugned judgment and decree and remand the matter back to the Trial Court for fresh decision in accordance with law from the stage of evidence. 3. The parties may lead further evidence, if they so desire from the stage of evidence. - 4 - HC-KAR NC: 2025:KHC:41229-DB RFA No. 1444 of 2018 3. The Trial Court shall dispose of the suit expeditiously preferably, within a period of six months subject to co-operation of the parties. Accordingly, the appeal is allowed. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE RKA List No.: 1 Sl No.: 8