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2026 DAILYLAW 22598 (KAR)

SRI. BALAJI SREENIVASAN v. SRI. M. MUNISWAMY

RSA/1024/2026 · 2026-06-17

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:29820 RSA No. 1024 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1024 OF 2026(PAR) BETWEEN: SRI BALAJI SREENIVASAN S/O SRINIVASAN, AGED ABOUT 48 YEARS, R/AT NO.1074, SIDDARTHI, 11TH MAIN, 2ND STAGE, HAL, BANGALORE-560 008. …APPELLANT (BY SRI. SREENIVASAN K, ADVOCATE -ABSENT) AND: 1. SRI M. MUNISWAMY S/O LATE MUNEPPA @ MUNIYAPPA, AGED ABOUT 47 YEARS, R/AT MYLAPURA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. 2. SRI. M. SRINIVASA MURTHY @ SRINIVAS S/O LATE MUNEPPA @ MUNIYAPPA, AGED ABOUT 49 YEARS, R/AT NIDAGATTA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT 3. SRI. M MUNIYAPPA, S/O LATE MENEPA @ MUNIYAPPA, AGED ABOUT 41 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29820 RSA No. 1024 of 2026 R/AT MYLAPURA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. 4. SRI.R. MUKUNDARAJ, S/O LATE RAMAPPA, AGED ABOUT 56 YEARS, R/AT RAMAPPA LAYOUT, PUTTENAHALLIPALYA, 7TH STAGE, JP NAGAR, BANGALORE-78. 5. SRI.SENDHIL SUBBAN VENKATA SUBBAN, AGED ABOUT 44 YEARS, R/AT NO.311, EMBASSY MEADOWS 8TH CROSS, 4TH BLOCK, KORAMANGALA, BANGALORE -560 034 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 13.03.2026 PASSED IN RA NO.420/2012 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.07.2012 PASSED IN OS NO.229/2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2026:KHC:29820 RSA No. 1024 of 2026 ORAL JUDGMENT Office has raised objection to the effect that, pursuant to the Order dated 19.08.2024 passed in RSA No.1518/2013, the First Appellate court has remitted the matter to the Trial Court. Against such remand order, Second Appeal under Section 100 of the Code of Civil Procedure is not maintainable. 2. None appears for the appellant. 3. Having perused the office note and also taking note of the latest Order passed in Regular Appeal, present appeal is not maintainable. 4. Accordingly, appeal is dismissed. 5. However, dismissal of the appeal would not come in the way of the appellant in challenging the order of the First Appellate Court, in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 25