IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.321 OF 2021 (DEC/INJ)

BETWEEN:

ATTALE SIDDA SHETTY S/O LATE RACHA SHETTY AGED 69 YEARS CHENNIPURADAMALE VILLAGE KASABA HOBLI CHAMRAJANAGARA TALUK AN DISTRICT …APPELLANT (BY SMT. P C VINITHA, ADVOCATE FOR SRI KARUMBAIAH T A, ADVOCATE)

AND:

RATHNAMMA Digitally signed W/O LATE SHIVANNA by DEVIKA M AGED 30 YEARS Location: HIGH R/AT CHENNIPURADAMOLE COURT OF KARNATAKA VILLAGE, CHAMARAJANAGARA CHAMARAJANAGARA DISTIRCT …RESPONDENT (BY SRI P MAHESHA, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 05.11.2019 PASSED IN R.A.No.08/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHAMARAJANAGARA 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 the Trial Court as well as the First Appellate Court.

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

3. The factual matrix of the case of