- 1 - HC-KAR NC: 2025:KHC-D:18185 RSA No. 100921 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100921 OF 2025 (INJ) BETWEEN: SANJAY S/O. VISHWANATH SINDHE, AGE: 53 YEARS, OCC. BARBAR AND AGRICULTURE, R/O. INDIRANAGAR PLOT, MUNDGOD, TQ. MUNDGOD, DIST. UTTARA KANNADA-581349. …APPELLANT (BY SRI. VAGEESH RAMANATH HEGDE, ADVOCATE) AND: CHANDRASHEKHAR S/O. CHIDAMBAR RAO SAVUKAR, AGE: 87 YEARS, OCC. RTD. EMPLOYEE, R/O. GANDHI NAGAR PLOT, MUNDGOD, TQ. MUNDGOD, DIST. UTTARA KANNADA, NOW RESIDING AT: SRI SHAKAMBARI, C/O. M.T. JOSHI, H.NO.20, VIVEKANANDA COLONY, HUBBALLI, DIST. DHARWAD-580023. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING THAT THE JUDGMENT AND DECREE OF THE COURT OF THE SENIOR CIVIL JUDGE AND PRL JMFC, SITTING AT MUNDGOD IN RA.NO.22/2024 PASSED ON 08.09.2025 PLEASE BE SET ASIDE AND ALSO REQUEST TO DISMISS THE SUIT OF THE PLAINTIFF/RESPONDENT AS NOT MAINTAINABLE AS PER LAW BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.17 10:07:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18185 RSA No. 100921 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel for the appellant files a memo, which reads as below: “Herein the memo on behalf of the Appellant of this Petition is as under:- The Appellant of this Regular second appeal mystically filed Regular second appeal instead of filing miscellaneous second appeal. Hence that the top noted Regular second appeal may kindly be permitted to be converted to the miscellaneous second appeal in the ends of justice and equity. Hence the memo.” This appeal has been filed assailing the order of the First Appellate Court, which has set aside the impugned judgment of the Trial Court and remanded the matter by reversing the finding on the preliminary issue. Evidently, the appellant has to file Miscellaneous Second Appeal but not Regular Second Appeal. In that view of the matter, the Regular Second Appeal cannot be converted into Miscellaneous Second Appeal and as such, the Regular Second Appeal is dismissed with a liberty to the appellant to file a Miscellaneous Second Appeal within two weeks. - 3 - HC-KAR NC: 2025:KHC-D:18185 RSA No. 100921 of 2025 All the original records produced by the appellants be returned to the counsel for the appellant by keeping copy of the same in this file. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 6