IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.653 OF 2025 (PAR)

BETWEEN:

1. SRI. M.S. BYRANNA S/O. LATE SIDDAIAH @ SHIVAIAH @ SHIVAPPA AGED ABOUT 70 YEARS R/AT MUDDAMALLANAHALLI VILLAGE I.D. HALLI HOBLI MADHUGIRI TALUK-572 132.

…APPELLANT (BY SRI. PRAKASH K.A., ADVOCATE)

AND:

1. SMT. GOWRAMMA D/O LATE SIDDAIAH @ SHIVAIAH @ SHIVAPPA Digitally signed W/O HONNAPPA by DEVIKA M AGED ABOUT 63 YEARS Location: HIGH R/AT BALENAHALLI VILLAGE COURT OF KARNATAKA KALLAMBELLA HOBLI SIRA TALUK - 572 125 TUMAKURU DISTRICT.

2. MR. MARUTHI S/O. MR. HANUMANTHARAYAPPA AND LATE GANGAMMA AGED ABOUT 30 YEARS R/AT VENKATAPURA VILLAGE KASABA HOBLI MADHUGIRI TALUK-572 127 TUMAKURU DISTRICT.

3. MRS. SHWETHA W/O. MR. BALAKRISHNA D/O. MR. HANUMANTHARAYAPPA AND LATE GANGAMMA AGED ABOUT 26 YEARS R/AT BHAKTHARAHALLI KASABA HOBLI MADHUGIRI TALUK-572120 TUMAKURU DISTRICT.

…RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.12.2024 PASSED IN R.A.NO.5025/2023 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI, DISMISSING THE APPEAL AND C