- 1 - HC-KAR NC: 2026:KHC:8775 RSA No. 701 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 701 OF 2024 (RES) BETWEEN: 1. JAYALAKSHMI, W/O S R FASALKAR, AGED ABOUT 69 YEARS, R/O NEAR POLICE CHOWKI, VINOBANAGAR, SHIVAMOGAG - 577 201. 2. VINODA G KAKAL, W/O G K KALAL, AGED ABOUT 65 YEARS, R/O HOSAMANE, 1ST CROSS, SHIVAMOGGA - 577 201. 3. SUDHIR K., S/O R K KALYANKAR, AGED ABOUT 63 YEARS, ACCOUNT OFFICER, IFFCO, CUNNIGHAM ROAD, BENGALURU - 560 052. 4. MALATHI B. MATEKAR, W/O BALAJI RAO, AGED ABOUT 59 YEARS, R/O VIDYANAGAR, DAVANAGERE - 577 005. 5. JIJABAI @ SWETHA BHOJARAJ, W/O BHOJARAJ, AGED ABOUT 59 YEARS, R/O SHARIFF MANZIL, BIDKEKAR, GANGA SADAN, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8775 RSA No. 701 of 2024 SAVARDEM, GOA. APPELLANTS NO.1 TO 5 ARE REP BY THEIR POWER OF ATTORNEY HOLDER SRI R K SIDDRAMANNA, S/O R K KALYANKAR, AGED ABOUT 70 YEARS, R/O GANDHI BAZAR, SHIVAMOGGA - 577 201. …APPELLANTS (BY SRI UMESH MOOLIMANI, ADVOCATE FOR SRI SV PRAKASH, ADVOCATE) AND: 1. B LAKSHMI DEVI, W/O S V UDYAKUMAR, AGED ABOUT 63 YEARS, 2. S U RAGHAVENDRA, S/O S V UDAYAKUMAR, AGED ABOUT 40 YEARS, 3. S U SHANKARANTH, S/O S V UDYAAKUMAR, AGED ABOUT 37 YEARS, 4. S U SATHYANARAYANA, S/O S V UDAYAKUMAR, AGED ABOUT 35 YEARS, ALL ARE RESIDENTS OF 'SATHYAM', PANCHAVATHI COLONY 2ND CROSS, SHIVAMOGGA - 577 201. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.01.2024 PASSED IN RA NO.137/2020 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, C/C. II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, - 3 - HC-KAR NC: 2026:KHC:8775 RSA No. 701 of 2024 SHIVAMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.03.2020 PASSED IN OS NO. 166/2017 ON THE FILE OF V ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and decree dated 08.01.2024 in RA no.137/2020 passed by I Additional Senior Civil Judge & CJM C/c II Additional Senior Civil Judge & JMFC, Shivamogga, confirming judgment and decree dated 18.03.2020 passed by V Additional Civil Judge & JMFC, Shivamogga, in O.S.no.166/2017, this appeal is filed. 2. Sri Umesh Moolimani, learned counsel appearing for Sri SV Prakash, learned counsel for appellants submitted, appellants were plaintiffs in OS no.166/2017 filed for relief of eviction of defendants from suit schedule property, for recovery of arrears of rent and for mesne profits/damages, etc. Suit was dismissed and confirmed in appeal. It was submitted, in respect of adjacent property also, plaintiffs had filed similar suit in OS no.168/2017 on file of V Additional Civil Judge & JMFC, - 4 - HC-KAR NC: 2026:KHC:8775 RSA No. 701 of 2024 Shivamogga, which came to be dismissed on 18.03.2020 and confirmed in RA no.136/2020 on 08.01.2024. However, this Court in RSA no.677/2024, under similar set of facts and contentions, disposed of as follows: "ORDER (i) The regular second appeal is dismissed. (ii) The appellants are given liberty to initiate appropriate proceedings, if any material is found to establish the fact that there is a jural relationship between the plaintiffs and the defendants." 3. Learned counsel for appellants fairly submitted that this appeal would have to follow said judgment. 4. Taking note of submissions, appeal is disposed of on similar terms as RSA no.677/2024. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 43