IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 935 OF 2017 (MON)

BETWEEN:

MOHAMMED HAFEEZ @ HAFEEZULLA S/O LATE HAJI R MOHAMMED SALEEM SAB AGED ABOUT 35 YEARS R/O NO. 373/1

1ST MAIN, 11TH CROSS, AZAD NAGAR, DAVANAGERE- 577001 …APPELLANT (BY SRI. R GOPAL., ADVOCATE)

AND:

SHEIK AHMED S/O ABDUL RAZAK SAB AGED ABOUT 47 YEARS R/O 1ST MAIN, 11TH CROSS, AZAD NAGAR, Digitally signed by VIJAYALAKSHMI DAVANAGERE- 577001 B N …RESPONDENT Location: HIGH COURT OF KARNATAKA (RESPONDENT SERVED AND UNREPRESENTED)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN R.A.NO.12/2014 ON THE FILE OF THE IInd ADDITIONAL DISTRICT AND SESSIONS JUDGE DAVANAGERE, DISMISSED THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 25.11.2013 PASSED IN OS.NO.54/2011 ON THE FILE OF THE Ist ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

Learned counsel for the appellant is present and none appears for the respondent.

2. This matter was referr