- 1 - HC-KAR CNR: KAHC010068992018 NC: 2026:KHC:36162 RSA No. 1052 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1052 OF 2018 (SP) BETWEEN: ABHILASH J.O, S/O LATE OMKARAPPA, AGED ABOUT 29 YEARS, R/AT NO. 604, 3RD CROSS, 7TH MAIN, NEAR GANDHI PARK, VIJAYANAGAR, BENGALURU. …APPELLANT (BY SRI. SANATHKUMAR SHETTY K, ADVOCATE) AND: 1. VENKATESH KINI K S/O K. KRISHNA RAO, AGED ABOUT 67 YEARS, D/NO. 4024, 2ND CROSS, KUVEMPUNAGAR, DAVANAGERE - 577 704. 2. SHAKUNTHALAMMA W/O LATE J. OMKARAPPA, AGED ABOUT 61 YEARS, 3. J.O. VINAYAKA S/O LATE J. OMKARAPPA, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010068992018 NC: 2026:KHC:36162 RSA No. 1052 of 2018 4. J.O. VIKAS S/O LATE J. OMKARAPPA, 5. J.O. MAMATHA D/O LATE J. OMKARAPPA, THE RESPONDENT 3 TO 5 ARE CHILDREN OF LATE. OMKARAPPA, AGED ABOUT 29, 27 AND 26 RESPECTIVELY. THE RESPONDENTS 2 TO 5 ARE RESIDING AT 5TH CROSS, VINAYAKANAGAR, NEAR RING ROAD, KUNDAWAD ROAD, DAVANAGERE - 577 702. …RESPONDENTS (BY SRI. K.J. KAMATH, ADVOCATE FOR R1; R2, R3, R4, R5 - SERVED) THIS RSA IS FILED UNDER SEC.100 R/W ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 4.3.2016 PASSED IN RA NO.46/2011 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.4.2011 PASSED IN OS NO.61/2007 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010068992018 NC: 2026:KHC:36162 RSA No. 1052 of 2018 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard on I.A.No.1/2018. 2. Same is filed to grant leave to file the second appeal. Appellant claims that he is one of the sons of Late Omkarappa who is not impleaded as a party to the suit in O.S.No.61/2007 which is filed to enforce the agreement to sell said to have been executed by wife and remaining children of Omkarappa in favour of the plaintiff – K.Venkatesh Kini. 3. The suit came to be decreed by the learned Trial Judge against which appeal came to be filed by the wife and remaining children of Omkarappa in RA No.46.2011. 4. Appeal came to be dismissed by considered judgment dated 04.03.2016. 5. Present appellant is claiming to be one of the sons of Omkarappa, who wants to file the second appeal. Such an action is not open to the appellant inasmuch as no question of - 4 - HC-KAR CNR: KAHC010068992018 NC: 2026:KHC:36162 RSA No. 1052 of 2018 law needs to be adjudicated as there is no adjudication on the factual aspects insofar as the present appellant is concerned. 6. Law in this regard is well settled that the person who is not a party to the suit may with the leave of the Court seek the permission of the Court to file an appeal under Section 96 of Code of Civil Procedure and not under Section 100 of Code of Civil Procedure as there is no adjudication on factual aspects that would be carried out in second appeal having regard to the scope of Section 100 of Code of Civil Procedure. 7. Accordingly, I.A.No.1/2018 is dismissed. Consequently, appeal is also dismissed. 8. However, it is always open for the appellant to exhaust his remedy in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 46