IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.862 OF 2025 (PAR)

BETWEEN:

1. SRI SHANTHAPPA S/O. LATE BETTEGOWDA @ BETTAPPA, AGED ABOUT 61 YEARS, R/AT V. KOPPA VILLAGE, MAYASANDRA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT-572221.

…APPELLANT (BY SRI. THIMMAIAH K.H., ADVOCATE)

AND:

1. SRI. PUTTEGOWDA Digitally signed S/O. LATE BETTEGOWDA by DEVIKA M @ BETTAPPA Location: HIGH AGED ABOUT 69 YEARS, COURT OF R/AT V. KOPPA VILLAGE, KARNATAKA MAYASANDRA HOBLI TURUVEKERETALUK TUMAKURU DISTRICT-572221 ALSO RESIDING AT NO.503, 5TH FLOOR, PHASE 2, BLOCK 4, BDA APARTMENT KOMMAGHATTA VILLAGE KENGERI, BENGALURU-560060.

2. SRI. NARAYANAGOWDA S/O. LATE BETTEGOWDA @ BETTAPPA AGED ABOUT 65 YEARS, R/AT V. KOPPA VILLAGE, MAYASANDRA HOBLI TURUVEKERETALUK TUMAKURU DISTRICT-572221.

3. SMT. LAKKAMMA D/O. LATE BETTEGOWDA @ BETTAPPA CHIKKABEERANAKERE VILLAGE MAYASANDRA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT-572221.

4. SRI. JAVAREGOWDA S/O. LATE KUCHALI THIMMAIAH AGED ABOUT 75 YEARS

5. SRI. SRINIVAS S/O. JAVAREGOWDA AGED ABOUT 49 YEARS

6. SRI. VENKATESH S/O. JAVAREGOWDA AGED ABOUT 47 YEARS

7. SRI. RAJU S/O. JAVAREGOWDA AGED ABOUT 45 YEARS

8. SRI. RAVI S/O. JAVAREGOWDA AGED ABOUT 43 YEARS RESPONDENTS NO.4 TO 8 ARE RESIDING AT MUGALURU VILLAGE, MAYASANDRA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT-572221.

9. SMT. BHAGYAMMA D/O. MUNISWAMY AGED ABOUT 38 YEARS R/AT NO.77, NEAR WATER BANK AMBEDKAR NAGAR, BSK 2ND STAGE BENGALURU-560070.

10. SMT. JAYAMMA W/O. CHIKKANNA R., AGED ABOUT 54 YEARS R/AT NO.83, 4TH CROSS

5TH CROSS, PARIMALA NAGARA NANDINI LAYOUT BENGALURU-560096.

…RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 24.10.2024 PASSED IN RA NO.30/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 25.03.2021 PASSED IN OS NO.7/2009 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 H.P.SANDESH

ORAL JUDGMENT

1. This matter is listed to hear the submission of counsel for the appellant since the respondents’ counsel in the previous date of hearing on 25.11.2025, made the submission that already FDP proceedings is disposed of and hence, appellant’s counsel sought time to verify and submit with regard to the same. This Court once again when the time was sought on 02.12.2025 granted time to verify and make the submission.

2. Now, the counsel appearing for the appellant submits that going to challenge the order passed in W.P since there were two Commissioners were appointed in the FDP court proceedings and hence, the same can be urged by challenging the F.D.P Court order and not in this second appeal. Hence, the counsel is permitted to challenge the same before the appropriate forum. Hence, this second appeal is disposed of

3. In view of disposal of the appeal, I.As., if any do not survive for consideration, the same stands disposed of.

Sd/-

(H.P.SANDESH)

JUDGE RHS List No.: 1 Sl No.: 36