IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 895 OF 2019 (PAR)

BETWEEN:

NARENDRA P SHAH S/O LT. PASVIR LALCHAND SHAH AGED ABOUT 74 YEARS RESIDING AT BHAGAVATHI No.590, 4^TH MAIN GOKULAM 3^RD STAGE MYSURU-570 002 …APPELLANT (BY SRI VIKRAM G., ADV.)

Digitally signed AND:

by CHANNEGOWDA PREMA Location: High VIJAY KUMAR R MEHTA Court of Karnataka S/O LATE RAMNIKLAL M MEHTA AGED ABOUT 67 YEARS RESIDING AT No.2869 SHRADDHA, 5^TH MAIN ROAD V.V. MOHALLA MYSURU - 02.

…RESPONDENT (BY SRI PRITHVEESH M.K., ADV.)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 19.01.2019 PASSED ON COMMISSIONER REPORT IN F.D.P. No.71/2018 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, MYSURU, DRAWING FINAL DECREE IN TERMS OF COMMISSIONER REPORT.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

The learned counsel appearing on either side submits that the parties ha