- 1 - HC-KAR NC: 2025:KHC:36457 RSA No. 2095 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2095 OF 2023 (DEC/INJ) BETWEEN: SRI. BASAVANAIKA S/O SANNANAIKA, AGED ABOUT 59 YEARS, R/AT SY. 27 AND 28, MALLAHALLI VILLAGE, DODDAKAVALANDE HOBLI, NANJANGUD TALUK, MYSURU DISTRICT-571301. …APPELLANT (BY SRI. P. MAHESHA, ADVOCATE) AND: LATE RATHNAMMA @ SHARADAMMA D/O SRINIVASA MURTHY, SINCE DEAD BY HER LR., 1. SRI MAHESH KUMARA, S/O LATE RATHNAMMA, AGED ABOUT 56 YEARS, R/O VAKKALAGERI, MALLAHALLI VILLAGE, KOWLANDE HOBLI, NANJANGUD TALUK- 571 301. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36457 RSA No. 2095 of 2023 2. SRI. BANGARANAIKA S/O LATE DODDAMARINAIKA, AGED ABOUT 39 YEARS,. 3. SRI. KUMARA S/O LATE DODDAMARINAIKA, AGED ABOUT 42 YEARS, RESPONDENTS NO.2 AND 3 ARE R/AT MALLAHALLI VILLAGE, DODDAKOWLANDE HOBLI, NANJANGUD TALUK. MYSURU DISTRICT- 571301. 4. SRI. MAHADEVANAIKA S/O KARINAIKA, AGED ABOUT 54 YEARS, R/AT MALLAHALLI VILLAGE, DODDAKOWLANDE HOBLI, NANJANGUD TALUK- 571301. …RESPONDENTS (SRI. B. SHARATH KUMAR, ADVOCATE FOR C/R1; VIDE ORDER DATED 27.06.2025, NOTICE TO R2 TO R4 IS DISPENSED WITH) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.01.2022 PASSED IN RA NO.371/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.07.2019 PASSED IN OS NO.108/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD. - 3 - HC-KAR NC: 2025:KHC:36457 RSA No. 2095 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.P.Mahesha, learned counsel for the appellant and Sri.B.Sharath Kumar, learned counsel for respondent No.1. 2. I.A.No.1/2023 is filed for condonation of delay of 540 days in filing the appeal. Though the reasons assigned in the affidavit and better affidavit are not so satisfactory, since the judgment of the First Appellate Court is suffering from serious lacunae, the appeal needs to be allowed and matter needs to be remitted to the First Appellate Court. As such, I.A.No.1/2023 is allowed subject to payment of cost of Rs.1,000/- payable to the Karnataka High Court Legal Services Committee. 3. After addressing the arguments for some time, a memo came to be filed by learned counsel for the - 4 - HC-KAR NC: 2025:KHC:36457 RSA No. 2095 of 2023 appellant for which the learned counsel for contesting respondent No.1 has endorsed no objection. 4. Memo reads as under: “In the above appeal the Appellate Court has not considered the counter claim separately filed by the defendant. Hence, the appeal may be kindly be remanded to the First Appellate Court to consider and fresh disposal in the interest of justice.” 5. Placing the memo on record, impugned judgment passed by the First Appellate Court in RA No.371/2019 needs to be set aside and matter is to be remitted to the First Appellate Court for fresh disposal in accordance with law. 6. Accordingly, the following: ORDER i. Appeal is allowed without adverting to the substantial questions of law. - 5 - HC-KAR NC: 2025:KHC:36457 RSA No. 2095 of 2023 ii. Matter is remitted to the First Appellate Court for fresh disposal in accordance with law taking note of the counter claim and dismissal of the suit and appeal filed by the plaintiff. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 66