HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO.86 OF 2021 (RO)

C/W MISCELLANEOUS SECOND APPEAL NO.85 OF 2021 (RO)

IN MSA NO.86/2021:

BETWEEN:

S.K.MANJUNATHA S/O B. KARIYAPPA AGED ABOUT 83 YEARS R/O NO.170, 4^TH CROSS

2^ND MAIN, WOODS ENCLAVE PHASE-1, VIDYANAGARA CROSS INTERNATIONAL AIRPORT ROAD BENGALURU-562 157.

…APPELLANT (BY SRI. HARISH KUMAR M.S., AND Digitally signed SRI. GANGADHARA D.C., ADVOCATE)

by DEVIKA M AND:

Location: HIGH COURT OF KARNATAKA K.G. SRIKANTAPPA SINCE DECEASED BY LRS.

SMT. SAKAMMA W/O LATE K.G.SRIKANTAPPA AGED ABOUT 82 YEARS R/O KORATIKERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 215.

…RESPONDENT (BY SRI. G.B.NANDISH GOWDA, ADVOCATE FOR C/R)

HC-KAR THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 16.09.2021 PASSED IN R.A.NO.67/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.05.2017 PASSED IN O.S.NO.251/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE. DECREEING THE SUIT FOR DECLARATION AND