- 1 - HC-KAR NC: 2026:KHC:6929 RSA No. 209 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 209 OF 2026 (DEC/INJ) BETWEEN: 1. SRI. JAGANNATHA, S/O. LATE CHANDRAPPA, AGED ABOUT 47 YEARS 2. SMT.SUVARNAMMA, W/O. LATE CHANDRAPPA, AGED ABOUT 67 YEARS, BOTH ARE RESIDENTS OF KHB, 16 GOLDEN JUBILEE COLONY, BEHIND ANANYA SCHOOL, 2ND LINE, BHADRAVATHI - 577 302, SHIVAMOGGA DISTRICT. …APPELLANTS (BY SRI. MALLIKARJUN BASAREDDY, ADVOCATE) AND: 1. SRI. N. SHIVALINGAPPA, S/O. NINGAPPA, AGED ABOUT 64 YEARS, R/O KAVALAGUNDI, HEBBANDI ROAD, BHADRAVATHI - 577 302, SHIVAMOGGA DISTRICT. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6929 RSA No. 209 of 2026 2. THE CITY MUNICIPAL COUNCIL, BHADRAVATHI - 577 302, SHIVAMOGGA DISTRICT, REP. BY ITS COMMISSIONER. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.12.2025 PASSED IN RA.NO.84/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE BHADRAVATHI, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.07.2024 PASSED IN OS.NO.314/2016 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, BHADRAVATHI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellants has filed a Memo seeking permission for conversion of Regular Second Appeal into Miscellaneous Second Appeal. 2. Memo is accepted. 3. Registry is directed to show this Regular Second Appeal as disposed of for statistical purpose and assign Miscellaneous Second Appeal number and subject appeal papers for fresh scrutiny and post matter before appropriate Bench. - 3 - HC-KAR NC: 2026:KHC:6929 RSA No. 209 of 2026 4. In view of disposal of Appeal, pending interlocutory applications also stand disposed of accordingly. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 20