IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 237 OF 2019 (INJ)

BETWEEN:

SRI. RAJAPPA, S/O. JAJUR RANGAPPA, AGED ABOUT 64 YEARS, HOTEL KEEPER, R/O SANTHEBENNUR VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST-577 552.

…APPELLANT (BY SRI. RAVINDRA HOLLA V. S., ADVOCATE (VC))

AND:

SRI. M. MURUGENDRAIAH, S/O. LATE JAYADEVAIAH, AGED ABOUT 72 YEARS OCC:AGRICULTURIST AND MANAGER OF THE Digitally signed JAYADEVAIAHNAVARA DHARMA CHATRA, by PANKAJA S RESIDENT OF SANTHEBENNUR VILLAGE, Location: HIGH CHANNAGIRI TALUK, COURT OF DAVANAGERE DIST-577 552.

KARNATAKA …RESPONDENT (BY SRI. R. GOPAL, ADVOCATE)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 23.10.2018 PASSED IN R.A.NO. 13/2017 ON THE FILE OF THE SR.CIVIL JUDGE AND JMFC., CHANNAGIRI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 03.07.2017 PASSED IN OS.NO.129/2013 ON THE FILE OF THE ADDITIONAL CIVIL JDUGE AND JMFC., CHANNAGIRI.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

This regular second appeal is