IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 59 OF 2026 (DEC/PAR)

BETWEEN:

1. SRI. S.P. HOMBANNA S/O. LATE SRI. S.J. PADMA RAJ AGED ABOUT 58 YEARS R/AT. NO.507, 9^TH CROSS OPP. PATHANJALI YOGA CENTRE SADASHIVANAGARA, BENGALURU-560 080.

2. SRI. V. SURESH S/O. LATE SRI. V.S. MURTHY AGED ABOUT 58 YEARS R/AT. NO. 117, 22 'A' CROSS

23^RD MAIN, BANASHANKARI 2^ND STAGE BENGALURU - 560 070.

…APPELLANTS (BY SRI. MUNIRAJA .M, ADVOCATE)

Digitally signed by AL BHAGYA Location: HIGH AND:

COURT OF KARNATAKA

1. SMT SHASHIREKHA R @ SHASHIREKHA JAGADISH W/O. LATE SRI. R. JAGADISH AGED ABOUT 50 YEARS R/AT. NO.301, 6^TH MAIN ROAD MAHALAKSHMI LAYOUT BENGALURU - 560 086.

…RESPONDENT (BY SRI. NARASIMHA RAJESH .K.S, ADVOCATE FOR C/R)

THIS RFA IS FILED U/S. 96 OF CPC AGAINST THE ORDER DATED 09.10.2025 PASSED ON IA NO. V IN OS NO. 4278/2024 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE IA NO.V FILED U/O VII RULE 11 OF CPC FOR REJECTION OF PLAINT.

THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR.