- 1 - HC-KAR NC: 2025:KHC:47997 RSA No. 605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.605 OF 2025 (PAR) BETWEEN: 1. MRS. HARSHITHA D/O HARISH S., AGED ABOUT 24 YEARS, R/O HIG 38, KALLAHALLI 2ND STAGE, VINOBHANAGAR, SHIVAMOGGA-577204. 2. MR. JAGAN S/O K T VAGEESH, AGED ABOUT 21 YEARS, R/O NO.121, SRI YOGA, 2ND CROSS, HOYSALA NAGARA, (POLICE QUARTERS) HASSAN-573103. …APPELLANTS (BY SRI. DAYALU K N., ADVOCATE) AND: 1. SMT. SHASHIREKHA W/O LATE G. SHARANABASAPPA, AGED ABOUT 69 YEARS, R/O HIG-38, KALLAHALLI 2ND STAGE, VINOBHANAGAR, SHIVAMOGGA-577204. 2. S. HARISH S/O LATE G. SARANABASAPPA, AGED ABOUT 51 YEARS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47997 RSA No. 605 of 2025 R/O HIG-38, KALLAHALLI 2ND STAGE, VINOBHANAGAR, SHIVAMOGGA-577204. 3. S. GIRISH S/O LATE G. SHARANABASAPPA, AGED ABOUT 49 YEARS, R/O 7TH CROSS, VIJAYANAGARA, MYSORE-570017. 4. SMT. SAVITHA W/O K.T. VAGISH, AGED ABOUT 47 YEARS, R/O HIG-38, KALLAHALLI 2ND STAGE, VINOBHANAGAR, SHIVAMOGGA-577204. 5. T. RAJESH S/O THIMMAPPA, AGED ABOUT 65 YEARS, R/O NO.25, J.H.PATEL EXTENSION, SHIVAMOGGA-577204. 6. MASTER ALOK G., S/O S. GIRISH, AGED ABOUT 20 YEARS, R/O SIDDESHWARA PAINTS, OPP. RAMAKRISHNA LODGE, DURGIGUDI, SHIVAMOGGA-577201. 7. MASTER SOHAN G., S/O S. GIRISH, AGED ABOUT 16 YEARS, MINOR, REP. BY MOTHER/NATURAL GUARDIAN SMT. SINCHANA W/O S. GIRISH, R/O SIDDESHWARA PAINTS, OPP. RAMAKRISHNA LODGE, DURGIGUDI, SHIVAMOGGA-577201 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:47997 RSA No. 605 of 2025 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.09.2022 PASSED IN R.A.NO.13/2018 ON THE FILE OF I ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.09.2017 PASSED IN O.S.NO.119/2010 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This second appeal filed against the concurrent finding of the trial court as well as the first appellate court. 2. This matter is listed for admission. Heard the learned counsel appearing for the appellants. 3. This second appeal is filed by defendant Nos.4 and 6 since their counter claim is dismissed before the Trial Court and the same is affirmed by the First Appellate Court. Admittedly, they have filed the separate suit and suit is pending and also their grievance is that a matter was compromised before the High Court and hence, both the Courts made an observation that if any decision of compromise is questioned, - 4 - HC-KAR NC: 2025:KHC:47997 RSA No. 605 of 2025 the same has to be questioned before the High Court and these Courts cannot decide the issue with regard to the compromise which has been taken place in the High Court. Hence, the counter claim is dismissed. It is also taken note of the fact that the suit is also filed and same is pending for consideration. When such being the case, I do not find any ground to admit the appeal and to frame the substantial question of law. Liberty is given to the appellants to urge their grounds in the suit which is pending. With this observation, the second appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE SN