- 1 - HC-KAR CNR: KAHC010218982026 NC: 2026:KHC:46737 RSA No. 572 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.572 OF 2026 (MON) BETWEEN: 1. LT COL KALENGADA C BHEMAIAH SON OF LATE K.A. CHINNAPPA AGED ABOUT 86 YEARS 2. MRS. KALENGADA GANGA BHEEMAIAH WIFE OF LT. COL. KALENGADA BHEEMAIAH AGED ABOUT 80 YEARS BOTH APPELLANT NOS.1 AND 2 ARE RESIDING AT G.B. ALSA TERRACE, 26 LANGFORD GARDEN, BENGALURU - 560 025 …APPELLANTS (BY SRI J.ANANTHA NARAYANAN FOR SRI. AJESH KUMAR S, ADVOCATES) AND: KALENGADA P THIMMAIAH SON OF K. A. POONACHA AGED ABOUT 44 YEARS RESIDING AT KUTTANDI VILLAGE, NEAR K.B. HIGH SCHOOL, B-SHETTIGERI POST, VIRAJPET TALUK KODAGU DISTRICT-571 218 …RESPONDENT (BY SRI RAVINDRANATH KAMATH, SENIOR COUNSEL FOR SRI MOHAMMED ASHHAR C.K, ADVOCATES) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010218982026 NC: 2026:KHC:46737 RSA No. 572 of 2026 THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2025 PASSED IN RA NO.25/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, VIRAJPET, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 6.10.2023 PASSED IN O.S.NO.15/2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, VIRAJPET. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri J.Anantha Narayanan, advocate for Sri Ajesh Kumar S, learned counsel for the appellants and Sri N.Ravindranath Kamath, learned Senior Advocate for Sri Mohammed Ashhar C.K., learned counsel for the respondent. 2. Parties are referred to as plaintiff and defendants as per their original ranking before the Trial Court, for the sake of convenience. 3. Present Second Appeal is filed by the plaintiffs challenging the judgment of the First Appellate Court on several grounds. 4. Having heard the arguments, noting the fact that there is no Small Causes Court at Kodagu-Madikeri, the finding - 3 - HC-KAR CNR: KAHC010218982026 NC: 2026:KHC:46737 RSA No. 572 of 2026 recorded by the First Appellate Court that suit should have been filed before the Small Causes Court, cannot be countenanced in law. 5. Therefore, matter requires to be heard afresh by the First Appellate Court, after affording necessary opportunity for the parties. As such, appeal needs to be allowed and matter needs to be remanded. 6. Accordingly, without expressing any opinion on the merits of the matter, the following: ORDER i. Appeal is allowed. ii. The impugned Order dated 17.12.2025 passed in R.A.No.25/2023 by the Senior Civil Judge and JMFC, Virajpet, is hereby set-aside. iii. The matter is remitted to the Court of Senior Civil Judge and JMFC, Virajpet, for fresh disposal in accordance with law. iv. All contentions are kept open. - 4 - HC-KAR CNR: KAHC010218982026 NC: 2026:KHC:46737 RSA No. 572 of 2026 v. Parties shall appear before the First Appellate Court on 24th September 2026, positively, without further notice. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 88 CT:VR