- 1 - HC-KAR CNR: KAHC010423122022 NC: 2026:KHC:39232 RSA No. 1303 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1303 OF 2022 (DEC/PAR) BETWEEN: RAJESH S S/O SHIVAMURTHY AGED ABOUT 37 YEARS R/O VIJAYANAGARA EXTEN HOSADURGA TOWN HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT …APPELLANT (BY SRI. JAGADEESH D.C., ADVOCATE (ABSENT)) AND: 1. SHIVALINGAPPA S/O NEELAPPA AGED ABOUT 58 YEARS, R/O BOKIKERE VILLAGE HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT 2. MAHANTHESH S/O SHIVAMURTHY AGED ABOUT 41 YEARS BESCOM IMANGALA HIRIYUR TALUK - 577 527 CHITRADURGA DISTRICT Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423122022 NC: 2026:KHC:39232 RSA No. 1303 of 2022 3. SHOBHA S. D/O SHIVAMURTHY W/O SHEKAR R S AGED ABOUT 39 YEARS R/O RANGAVVANAHALLY VILLAGE HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.08.2022 PASSED IN R.A.No.17/2021 ON THE FILE OF THE SENIOR CIVIL JUGDE AND JMFC, HOSADURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 10.02.2021 PASSED IN OS No.286/2014 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSADURGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. None appears for the appellant. 2. The appeal came to be filed on 12.09.2022. Office has raised objection with regard to the maintainability of the appeal. - 3 - HC-KAR CNR: KAHC010423122022 NC: 2026:KHC:39232 RSA No. 1303 of 2022 3. Perused the Order passed by the learned Judge in the First Appellate Court. Operative portion of the Order of the First Appellate Court reads as under : The appeal filed by the appellants/plaintiffs U/o. XLI rule 1 of CPC is hereby allowed. Consequently, the judgment and decree passed by the Addl. Civil Judge & JMFC., Hosadurga in O.S.No.286/2014 on 10/02/2021 is hereby set aside. IA.1 an application U/sec. 5 of limitation Act filed by appellant / defendant No.1 is hereby allowed. The 30 days of delay in filing the appeal is hereby condoned. IA.3 an application U/o 41 27 Rlw Sec.151 of CPC filed by appellants /defendant No.1 is hereby allowed. IA.4 an application Ulo 16 rule 1 and 2 R/w Sec.151 of CPC filed by appellants /defendant No.1 is hereby allowed. Matter is remanded back to the trial Court with a direction to permit the apellant to lead additional evidence and to examine the witness as prayed in IA.No.4. Further both parties are hereby directed to appear before the trial court without taking any notice on 12/09/2022. - 4 - HC-KAR CNR: KAHC010423122022 NC: 2026:KHC:39232 RSA No. 1303 of 2022 4. Since the suit is ordered to be tried afresh by remanding the matter by the First Appellate Court by considered order dated 06.08.2022, Regular Second Appeal is not maintainable against such an order. 5. Accordingly, appeal stands dismissed as not maintainable. 6. However, the dismissal of the present appeal shall not come in the way of the appellant pursuing the remedy in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 8