IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.887 OF 2024 (DEC/INJ)

BETWEEN:

1. SRI. VENKATACHALAIAH S/O HONNEGOWDA, AGED ABOUT 75 YEARS, RESIDENT OF C/O CHANNAMMA MUDDEGOWDA

7^TH CROSS CHAMUNDESHWARINAGAR MANDYA CITY MANDYA DISTRICT-571401.

…APPELLANT (BY SRI. RAJA L., ADVOCATE)

AND:

Digitally signed by DEVIKA M SMT. H.K.LAKSHMI Location: H IGH W/O VENKATESH &

COURT OF M.S. VENKATESH KARNATAKA S/O SHIVAPPAGOWDA SINCE DEAD BY HIS LRS.

1. SMT. SUNANDA, W/O LATE M.S.VENKATESH AGED ABOUT 58 YEARS R/O MALLEGOWDANAHALLI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571401.

2. SRI. PRATHAP V., S/O M.S. VENKATESH AGED ABOUT 32 YEARS

3. PRITHIVILA D/O M.S. VENKATESH AGED ABOUT 30 YEARS RESPONDENTS NO.2 AND 3 BOTH ARE RESIDING AT NO.37, 9^TH ‘F’ LAXMANA NAGARA, NEELAGIRI THOPU YAGGANAHALLI, BENGALURU – 560 091.

…RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.01.2024 PASSED IN R.A.NO.25/2011 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.09.2011 P