IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 328 OF 2019 (PAR)

BETWEEN:

SRI ARECHANDRAPPA S/O NAGANNA AGED ABOUT 58 YEARS RESIDENT OF CHATTENAHALLI HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT-572 121.

…APPELLANT (BY SRI. J. ARAVIND BABU, ADVOCATE)

AND:

SMT. VENKATALAKSHMAMMA W/O LATE MUTHANNA Digitally signed AGED ABOUT 52 YEARS by PANKAJA S R/A CHATTENAHALLI VILLAGE Location: HIGH COURT OF HOLAVANAHALLI HOBLI KARNATAKA KORATAGERE TALUK TUMKUR DISTRICT-572 121.

…RESPONDENT (RESPONDENT SERVED - UNREPRESENTED)

THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.10.2018 PASSED IN R.A.NO.54/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC MADHUGIRI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.03.2009 PASSED IN OS.NO.95/2006 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC KORATAGERE.

THIS APPEAL HAVING BEEN RESERVED FOR JUDGMENT ON 24.11.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

CAV JUDGMENT

1. This second appeal is by the defendant.

2. The pl