- 1 - HC-KAR NC: 2025:KHC:31024 RSA No. 1655 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1655 OF 2024 (DEC) BETWEEN: K.V. SHASHIKUMAR (HIS REAL NAME IS K.V.SHIVAKUMAR) AGED ABOUT 59 YEARS, S/O KASHI VISHWANATHA SHETTY, R/O B.H. ROAD, ARASIKERE, HASSAN DISTRICT - 573 103. …APPELLANT (BY SRI. AVIN THIPPANNA HANAMAPPA, ADVOCATE) AND: 1. KASHI V. MANJUNATH S/O LATE KASHI VISHWANATHA SHETTY, AGED ABOUT 61 YEARS R/O NO.4033, EMERALD ISLE, SAN JOSE, CALIFORNIA 95135 USA. REPRESENTED BY HIS P.A. HOLDER VEERANARAYANA, S/O LATE R.V. GOPALAKRISHNA SHETTY, AGED ABOUT 63 YEARS, NICE ICE SINKEES PIZZA CORNER, NO.162/2, 3RD MAIN, P.J. EXTENSION, DAVANAGERE - 577 001. K.V. NAGARATHNAMMA, (DEAD BY LRS ALREADY IN RECORDS) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31024 RSA No. 1655 of 2024 K.V. RAMESH SINCE DEAD BY HIS LR'S R-2(A) TO R-2(C) 2. SMT. K.R. PRABHA RAMESH W/O LATE K.V. RAMESH, AGED ABOUT 74 YEARS, 3. SRI. K.R. SANTHOSH S/O LATE K.V. RAMESH, AGED ABOUT 45 YEARS, 4. SRI. K.R. AJAY, S/O LATE K.V. RAMESH, AGED ABOUT 43 YEARS, RESPONDENT NO.2(A) TO 4 ALL ARE R/AT DOOR NO. 16, "KASHI NIVASA", GAVIPURAM EXTENTION, 2ND CROSS, BENGALURU - 560 019. 5. H.K. SHANTA KESHAVA W/O H.V. KESHAVAMURTHY, AGED ABOUT 67 YEARS, BALAJI ELECTRONICS, DODDAPET, TIPTUR - 572 114. 6. B.S. RAJESHWARI W/O SHIVAKUMAR. AGED ABOUT 62 YEARS, R/O. DOOR NO.77/2, 3RD MAIN ROAD, HANUMANTHA NAGAR, BENGALURU - 560 019. 7. JAYALAKSHMI, (BUT HER REAL NAME IS VIJAYALAKSHMI) W/O GOVINDARAJU, AGED ABOUT 58 YEARS, - 3 - HC-KAR NC: 2025:KHC:31024 RSA No. 1655 of 2024 R/AT SUBHASH NAGAR, ARASIKERE - 573 103. 8. NAGA VISHNESH S/O SHIVAKUMAR, MINOR, R/AT 'SHASHI NIVASA' BH ROAD, ARASIKERE - 573 103. 9. THE TAHASILDAR B.H. ROAD, ARASIKERE - 573 103. 10. TALUK SURVEYOR, ARESIKERE - 573 103. 11. THE DEPUTY COMMISSIONER, DC OFFICE, HASSAN - 573 201. 12. THE CHIEF OFFICER MUNICIPALITY, ARASIKERE - 573 103. 13. K. HEMAPRAKASH W/O LATE K.V. PRAKASH AGED ABOUT 60 YEARS 14. K. SHREYAS PRAKASH S/O K.V. PRAKASH, AGED ABOUT 36 YEARS 15. SHRUTHI PRAKASH W/O S.A. PAVAN, AGED ABOUT 32 YEARS, RESPONDENT NO.13 TO 15 ARE R/AT. C/O. M/S. EGG CENTER, NO.147, MAKAI COMPLEX, A.R. COMPOUND, - 4 - HC-KAR NC: 2025:KHC:31024 RSA No. 1655 of 2024 MYSORE ROAD, BENGALURU - 560 026. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.04.2019. PASSED IN RA NO.14/2018 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 05.07.2016 PASSED IN FDP NO.7/2007 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, ARASIKERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Learned counsel for the appellant has filed a memo which reads as under: "The appellant herein submits this memo as under; That due to inadvertence the appellant has filed this RSA No.1655/2024, instead of MSA, against the impugned order. Hence the appellant may be permitted to withdraw this appeal with a liberty to file MSA, on the same cause of action." - 5 - HC-KAR NC: 2025:KHC:31024 RSA No. 1655 of 2024 2. Memo is taken on record. 3. Placing the memo on record, the appeal is dismissed with liberty to file appropriate appeal. 4. Time spent before this Court in the second appeal shall be excluded in the intended appeal under Section 14 of the Limitation Act. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 31 CT: BHK