IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5048 OF 2008 (DEC/INJ)

BETWEEN:

SHREE BHOOTHABHUJANGA MUT REPTD. BY ITS RENUKA BHOOTHA BHUJANGA SHIVACHARYA SWAMYAYGALU, AGE: 30 YEARS, OCC. MAHASWAMIGALU, R/O. KOTTUR VILLAGE, TQ. KUDLIGI, DIST. BELLARY.

…APPELLANT (BY SMT. PALLAVI PACHHAPURE, ADVOCATE FOR SRI. SRINAND A. PACHHAPURE, ADVOCATE)

AND:

B.M. VAMADEVAIAH S/O. B.M. ESHWARAYYA, AGE: 52 YEARS, OCC. SECRETARY CO-OP. SOCIETY, M.B. AYYANAHALLI, R/O. RAMPUR VILLAGE, TQ. KUDLIGI, DIST. BELAGAVI.

YASHAVANT NARAYANKAR …RESPONDENT Digitally signed by YASHAVANT (BY SRI. J.K. GURUBASAVARAJ, ADVOCATE FOR NARAYANKAR Date: 2025.10.28 SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

11:25:47 +0530 THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN RA.NO.38/2007 DATED 07-07-2008 PASSED BY THE COURT OF THE CIVIL JUDGE (SR. DN.) AT KUDLIGI AND CONFIRM JUDGMENT AND DECREE IN O.S.NO.30/2000 DATED 28.08.2007 PASSED BY THE COURT OF THE ADDITIONAL CIVIL JUDGE (JR.DN) KUDLIGI AND FURTHER PRAYS TO ALLOW THE ABOVE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

THIS RSA AP