- 1 - HC-KAR CNR: KAHC010556182026 NC: 2026:KHC:43997 RSA No. 1345 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1345 OF 2026 (PAR) BETWEEN: 1. SMT. SOWBHAGYA B E W/O LATE K.M.JAYADEVAIAH AGED ABOUT 56 YEARS 2. SRI YASHWANTH K.J S/O LATE K.M.JAYADEVAIAH AGED ABOUT 28 YEARS BOTH ARE RESIDING AT KACHOHALLI VILLAGE, LAKHSMIPURA POST DASANAPURA HOBLI BENGALURU NORTH TALUK - 562162 …APPELLANTS (BY SRI. RAVI H K.,ADVOCATE) AND: 1. SRI CHETAN K J S/O LATE K.M.JAYADEVAIAH AGED ABOUT 36 YEARS R/AT NO.13, MANTHESHWARA LAYOUT ANDRAHALLI MAIN ROAD NEAR SATHYA SAI MODERN PUBLIC SCHOOL LAKSHMIPURA POST, DASANAPURA HOBLI Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010556182026 NC: 2026:KHC:43997 RSA No. 1345 of 2026 BENGALURU NORTH TALUK -562162 …RESPONDENT (BY SRI. JAI M PATIL., ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS REGULAR SECOND APPEAL BY SETTING ASIDE THE JUDGMENT DATED 02.05.2026 PASSED IN R.A.NO.132/2025 BY THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, AND CONSEQUENTLY RESTORE THE ORDER DATED 24.07.2025 PASSED ON I.A.NO.II IN O.S.NO.30/2024 BY THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU RURAL DISTRICT, REJECTING THE PLAINT UNDER ORDER VII RULE 11(a), (b) and (d) OF THE CODE OF CIVIL PROCEDURE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. After addressing the arguments for some time, the learned counsel for the appellants filed a memo for withdrawal, which reads as under: - 3 - HC-KAR CNR: KAHC010556182026 NC: 2026:KHC:43997 RSA No. 1345 of 2026 "The appellants most respectfully pray that this Hon'ble Court be pleased to permit the appellants to withdraw this appeal with a liberty to file a Miscellaneous Second Appeal in the interest of justice and equity." 2. Perused the impugned order. By the impugned order, the First Appellate Court has set aside the order of the trial Court and remitted the matter to the trial Court for fresh disposal in accordance with law. 3. The validity of the said order can be challenged by filing a Miscellaneous Second Appeal under Order XLIII Rule 1 of CPC. 4. Therefore, the Regular Second Appeal filed under Section 100 of the CPC is not maintainable. 5. Accordingly, the following order: ORDER i. The Regular Second Appeal is dismissed as withdrawn, with liberty for the - 4 - HC-KAR CNR: KAHC010556182026 NC: 2026:KHC:43997 RSA No. 1345 of 2026 appellants to file an appropriate appeal in accordance with law. ii. Time spent before this court in this second appeal is ordered to be excluded while computing the period of limitation in the intended appeal under Section 14 of the Limitation Act. Sd/- (V SRISHANANDA) JUDGE SKS