- 1 - HC-KAR NC: 2025:KHC:29405 RSA No. 446 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 446 OF 2016 (DEC/INJ) BETWEEN: SRI M P CHANDREGOWDA, S/O LATE PUTTASWAMYGOWDA M S, AGED ABOUT 64 YEARS, RESIDING AT :BELUR ROAD, MUDIGERE TOWN AND POST, MUDIGERE TALUQ - 577 132. CHIKKAMANGALURU DISTRICT. …APPELLANT (BY SRI.MADURAJA., ADVOCATE FOR; SRI.MELANIE SEBASTIAN., ADVOCATE) AND: 1. H G UTTAM KUMAR, S/O H M GIDDEGOWDA, AGED ABOUT 44 YEARS, RESIDING AT HANTHUR VILLAGE AND POST, MUDIGERE TALUQ - 577 132. 2. D G SHIVAKUMAR, S/O GOPALGOWDA, AGED ABOUT 46 YEARS, RESIDING AT LDEVRUNDA VILLAGE AND POST, MUDIGERE TALUQ - 577 132. CHIKKAMANGALURU DISTRICT. 3. TEH TAHSILDAR, MUDIGERE TALUQ, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29405 RSA No. 446 of 2016 MUDIGERE - 577 132. CHIKKAMANGALURU DISTRICT. …RESPONDENTS (BY SRI.SUYOG HERELE.E., ADVOCATE FOR R-1; R-2 SERVED; SMT.HEMALATHA V., AGA FOR R-3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.01.2016 PASSED IN RA.NO.47/2015 ON THE FILE OF THE IST ADDL. SENIOR CIVIL JUDGE CHIKKAMAGALURU TO ITINERATE AT MUDIGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.03.2015 PASSED IN OS.NO.55/2010 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., MUDIGERE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Heard Sri.Maduraja, learned counsel for Sri.Melanie Sebastian, learned counsel appearing for appellant, Sri.Suyog Herele.E, learned counsel appearing for respondent No.1 and Smt. Hemalatha V., learned AGA for respondent No.3. 2. Sri.Suyog Herele.E, learned counsel filed the affidavit of respondent No.1, stating that respondent No.1 has no objection to allow the appeal and to confirm the judgment and decree dated 30.03.2015 in OS.No.55/2010 - 3 - HC-KAR NC: 2025:KHC:29405 RSA No. 446 of 2016 passed by the Principal Civil Judge, JMFC at Mudigere. Respondent No.1 is present before this Court. 3. In that view of the matter, the affidavit filed by respondent No.1 is hereby accepted to allow the appeal preferred by the appellant herein. Notice to respondent No.2 is served and respondent No.2 has remained absent. In that view of the matter, the appeal is accordingly allowed, in terms of the affidavit filed by respondent No.1 dated 30.07.2025. 4. In that view of the matter the judgment and decree dated 16.01.2016 in RA.No.47/2015 is hereby set-aside by confirming the judgment and decree dated 30.03.2015 in OS.No.55/2010, with these observations, the Regular Second Appeal is accordingly disposed of. SD/- (E.S.INDIRESH) JUDGE KVR List No.: 1 Sl No.: 48