IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.70 OF 2025 (SP)

BETWEEN:

1. H.N. MANJUNATH S/O LATE N.M.NARASIMHAIAH @ GATE NARASIMHAPPA BUILDING CONTRACTOR AGED ABOUT 59 YEARS R/AT NEAR NANDI VIEW LAYOUT KUPPALI VILLAGE, NANDI HOBLI CHIKKABALLAPUR TALUK-562101.

…APPELLANT (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

AND:

Digitally signed by DEVIKA M N. NAGARAJ Location: HIGH SINCE DEAD BY LRS.

COURT OF KARNATAKA

1. SMT. K.S. ARUNA W/O LATE NAGARAJA AGED ABOUT 55 YEARS

2. SRI. N. GAGAN S/O LATE NAGARAJ AGED ABOUT 30 YEARS

3. SRI. N. DANUSH S/O LATE NAGARAJ AGED ABOUT 27 YEARS ALL ARE R/AT NO.424, KORAMARAPET NEAR OLD BUS STAND CHIKKABALLAPUR-562 101.

…RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE ORDER DATED 24.09.2024 PASSED IN R.A.NO.87/2023 PASSED ON IA NO.1 IN R.A.NO.87/2023 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, DISMISSING THE IA NO.I FILED UNDER SECTION 5 OF THE LIMITATION ACT AND FILED AGAINST THE JUDGEMENT AND DECREE DATED 22.04.2017 PASSED IN O.S.NO.65/2015 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, CHIKBALLAPUR.

THIS