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. 640 OF 2024 (PAR)

BETWEEN:

1. SATHISH AGED ABOUT 53 YEARS, S/O LATE MARIBASAPPA, ARALIKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT.

…APPELLANT (BY SMT. SHRUTHI S.P., ADVOCATE)

AND:

1. ROOPESH AGED ABOUT 40 YEARS, S/O LATE MARIBASAPPA, Digitally signed ARALIKERE VILLAGE, by DEVIKA M KASABA HOBLI, Location: HIGH COURT O F TURUVEKERE TALUK, KARNATAKA TUMKUR DISTRICT.

2. LALITHAMMA AGED BOUT 73 YEARS, W/O LATE MARIBASAPPA, ARALIKERE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT.

…RESPONDENTS (BY SRI. SUNIL KUMAR H., ADVOCATE FOR R1; SRI. NAVEEN KUMAR K.N., ADVOCATE FOR R2)

THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.03.2023 PASSED IN RA NO.10032/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.07.2018 PASSED IN OS NO.1/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE.

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

CORAM: HON'