- 1 - HC-KAR CNR: KAHC010546352026 NC: 2026:KHC:50394 RSA No. 1333 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR SECOND APPEAL NO. 1333 OF 2026 (PAR) BETWEEN: SRI. B. RAMACHANDRAIAH S/O LATE BOREGOWDA, AGED ABOUT 55 YEARS R/AT CHANDRAPURA VILLAGE, TANDAGA POST, DABBEGHATTA ROAD, TURUVEKERE TALUK TUMAKURU DISTRICT- 572 224. …APPELLANT (BY SRI. B K MANJUNATH., ADVOCATE) AND: 1. LAKSHMIDEVAMMA W/O LATE K G RAMAKRISHNEGOWDA, AGED ABOUT 60 YEARS, 2. HAREESH K R S/O LATE K G RAMAKRISHNEGOWDA, AGED ABOUT 35 YEARS 3. K G NAGARAJ LATE GOVINDEGOWDA, AGED ABOUT 65 YEARS 4. PADMAVATHI D/O HANUMANTHEGOWDA, W/O B R KRISHNEGOWDA, AGED ABOUT 62 YEARS - 2 - HC-KAR CNR: KAHC010546352026 NC: 2026:KHC:50394 RSA No. 1333 of 2026 5. BASAVARAJU K A S/O LATE HANUMANTHEGOWDA, AGED ABOUT 57 YEARS 6. DEVEERAMMA D/O LATE HANUMANTHEGOWDA, W/O M V BASAVEGOWDA, AGED ABOUT 55 YEARS 7. SHIVARAJU KH S/O LATE HANUMANTHEGOWDA, AGED ABOUT 51 YEARS 8. JAYALAKSHMAMMA W/O MUDALAGIRIGOWDA AGED ABOUT 65 YEARS RESPONDENTS NO.1 TO 8 ARE R/AT KOLALA VILLAGE, DABBEGHATTA VILLAGE, TURUVEKERE TALUK, TUMAKURU DISTRICT. 9. MANJUNATHA W/O MUDALAGIRIGOWDA AGED ABOUT 43 YEARS R/AT KOLALA VILLAGE, DABBEGHATTA VILLAGE, TURUVEKERE TALUK 10. K R LOKESH S/O LATE K R RAMAKRISHNEGOWDA, AGED ABOUT 45 YEARS (ABSCONDED NOT SEEN FOR LAST 10 YEARS) R/AT KOLALA VILLAGE, DABBEGHATTA VILLAGE, TURUVEKERE TALUK. - 3 - HC-KAR CNR: KAHC010546352026 NC: 2026:KHC:50394 RSA No. 1333 of 2026 11. MAYAMMA W/O BOREGOWDA, AGED ABOUT 55 YEARS R/AT KOLALA VILLAGE, DABBEGHATTA VILLAGE, TURUVEKERE TALUK, TUMAKURU DISTRICT. 12. JAYAMMA W/O RANGAPPA, AGED ABOUT 75 YEARS R/AT AREMALLANAHALLI, DABBEGHATTA VILLAGE, TURUVEKERE TALUK 13. SHOBHA D/O LATE MUDALIGIRIGOWDA W/O RAMESH, AGED ABOUT 45 YEARS R/AT GUDDENAHALLI VILLAGE, KASABA HOBLI, TURUVEKERE TALUK. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.05.2026 PASSED IN RA NO.57/2024 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE , ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.10.2024 PASSED IN OS NO.298/2015 ON THE FILE OF CIVIL JUDGE AND JMFC, TURUVEKERE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 4 - HC-KAR CNR: KAHC010546352026 NC: 2026:KHC:50394 RSA No. 1333 of 2026 ORAL JUDGMENT In view of the memo filed by the learned counsel for the appellant, the present appeal is permitted to be converted as a miscellaneous second appeal. For statistical purposes, the present appeal shall stand disposed of. Learned counsel for the appellant to comply with the requisites of conversion within two weeks. List this miscellaneous second appeal before the appropriate bench on 02.11.2026. (C.M. POONACHA) JUDGE AKV List No.: 1 Sl No.:50 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA