- 1 - HC-KAR CNR: KAHC010610292026 NC: 2026:KHC:49324 RSA No. 1435 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR SECOND APPEAL NO. 1435 OF 2026 BETWEEN: K A ABHILASH S/O L.M.UMASHANKAR SHETTY ALIAS K.UMASHANKAR, AGED ABOUT 40 YEARS, T.M.ROAD, LAKKAVALLI VILLAGE, LAKKAVALLI HOBLI , POST-577128, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT. …APPELLANT (BY SRI. MANJUNATHA L S.,ADVOCATE) AND: 1. LOKESH NAIKA S/O LATE KRISHNA NAIKA, AGED ABOUT 55 YEARS, 2. ISHTARTHA, S/O LOKESH NAIKA, AGED ABOUT 25 YEARS, 3. MADHAN, S/O LOKESH NAIKA, AGED ABOUT 22 YEARS, RESIDENT OF NELLISARA VILLAGE, SHANKARAGHATTA POST-577451, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010610292026 NC: 2026:KHC:49324 RSA No. 1435 of 2026 BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO ALLOW THE PRESENT REGULAR SECOND APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 07.02.2026 PASSED BY THE LEARNED FIRST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, IN RA NO.82/2025, WHEREBY THE LEARNED FIRST APPELLATE COURT ALLOWED THE APPEAL, SET ASIDE THE JUDGMENT AND DECREE DATED 24.09.2018, PASSED IN OS NO.90/2015 AND REMANDED THE MATTER FOR FRESH CONSIDERATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking to convert the present appeal into a Miscellaneous Second Appeal. 2. In terms of the memo, the appellant is permitted to convert the present appeal into a Miscellaneous Second Appeal. 3. The appellant to comply with the requisites of conversion within 3 days. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010610292026 NC: 2026:KHC:49324 RSA No. 1435 of 2026 4. This appeal shall be considered as disposed of for statistical purpose. 5. Re-list the Miscellaneous Second Appeal before the roster Bench on 16.09.2026. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 141 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA