IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 523 OF 2013 (INJ-)

BETWEEN:

1. MAHADEVAPPA AGED 50 YEARS S/O LATE SUBBEGOWDA

2. MAHESHA AGED 26 YEARS Digitally signed by S/O MAHADEVAPPA SUNITHA K S Location:

HIGH COURT OF KARNATAKA …APPELLANTS (BY SRI. H R RENUKA., ADV.)

AND:

SUMBRAMANYA AGED 59 YEARS S/O SUBBEGOWDA R/AT HUNASEKUPPE VILLAGE KASSABA HOBLI H D KOTE TALUK MYSORE DISTRICT-571125 …RESPONDENT (BY SRI. RAMESH G P., ADV.)

RSA FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 29.11.2012 PASSED IN R.A.NO.312/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., HUNSUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 2.3.2009 PASSED IN OS.NO.107/2007 ON THE FILE OF THE CIVIL JUDGE (JR.DN) H.D.KOTE.

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

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 29.11.2012 passed in R.A.No.312/2009 by the Learned Additional Senior Civil Judge and JMFC, Hunsur.

2. For conve