IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.2124 OF 2021 (DEC/INJ)

BETWEEN:

1. H E SATHISH S/O H ESHWARAPPA AGED ABOUT 36 YEARS OCC. AGRICULTURIST AND ARECANUT MERCHANT R/O HULLUR CHITRADURGA TALUK - 577 501

2. B S DINESH S/O B K SHIVAMURTHAPPA Digitally signed OCC AGRICULTRIST AND by DEVIKA M ARECANUT MERCHANT Location: HIGH R/O B V K S LAYOUT COURT OF CHITRADURGA – 577501 KARNATAKA …APPELLANTS (BY SRI KANTHARAJAPPA M G, ADVOCATE)

AND:

BYRESH S/O B MANJAPPA AGED ABOUT 42 YEARS OCC. EXCISE POLICE R/O HULLUR CHITRADURGA TALUK – 577 501 …RESPONDENT (BY SRI V B SIDDARAMAIAH, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.05.2021 PASSED IN R.A.NO.1/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA AND ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This second appeal is filed against the concurrent finding of both the Courts.

2. This matter is listed for admission. Heard the learned counsel appearing for the respective parti