- 1 - HC-KAR NC: 2026:KHC:32486 RSA No. 568 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 568 OF 2018 (DEC/INJ) BETWEEN: MR. B. SUDHAKARA JAIN S/O NEMIRAJ BALIPA, KAJANGE HOUSE, KOKRADY VILLAGE, BELTHANGADY TALUK - 574 214. …APPELLANT (BY SRI. NAVEEN KUMAR M.G, ADVOCATE FOR SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. MR. SHIVAPPA SHETTY S/O MR.MUTHAYYA SHETTY, (DEAD, VIDE ORDER DATED 2026; NO LR'S) 2. MR. SUDHAKAR SHETTY S/O MR. NARAYANA SHETTY, AGED ABOUT 44 YEARS JANTHIGOLI, KOKRADY VILLAGE, BELTHANGADY - 574 214. 3. MRS. VIJAYALAXMI W/O MR. VITTALA SHETTY, JANTHIGOLI, KOKRADY VILLAGE, BELTHANGADY - 574 214. …RESPONDENTS (BY SRI. RAKSHITH KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 08.06.2026, R1 IS DEAD AND HAD NO LR'S VIDE ORDER DATED 08.06.2026, NOTICE TO R3 IS DISPENSED WITH) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32486 RSA No. 568 of 2018 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.11.2017 PASSED IN RA NO.2/2012 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC., BELTHANGADY DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.11.2011 PASSED IN OS NO.29/1988 ON THE FILE OF THE CIVIL JUDGE AND JMFC., BELTHANGADY, D.K. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard. 2. Present appeal is filed by the plaintiff decreeing the suit in part in O.S.No.29/1988 dated 23.11.2011 which was confirmed by the First Appellate Court in RA No.2/2012 dated 13.11.2017. 3. At the outset, on perusal of the valuation slip, it is noted that for the jurisdiction sum of Rs.2,800/- and sum of Rs.8,050/- is mentioned for the valuation of the suit. 4. For the relief of plaint prayer C and E i.e., damages, penal and compensatory, the valuation is made as Rs.8,050/-, for the relief of specific enforcement of the agreement, suit is - 3 - HC-KAR NC: 2026:KHC:32486 RSA No. 568 of 2018 valued at the rate of Rs.2,800/- put together of both the valuation, the suit is valued at sum of Rs.10,850/-. 5. Code of Civil Procedure got amended with effect from 01.07.2002 and whereby no second appeal would lie where the valuation of the suit is less than Rs.25,000/- as per Section 102 of Code of Civil Procedure. 6. As such, very second appeal itself is not maintainable. 7. Accordingly, the following: ORDER i. Appeal is dismissed. ii. However, dismissal of the appeal shall not come in the way of appellant exhausting his remedy in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 51