IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND REGULAR FIRST APPEAL NO.1899 OF 2012 (SP)

BETWEEN:

M/S.VARNA BUILDERS AND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.33, SWISS COMPLEX, RACE COURSE ROAD, BANGALORE-560 001, PRESENTLY AT NO.22/2, 1^ST MAIN ROAD CROSS, JAYAMAHAL, BANGALORE.

REP. BY ITS MANAGING PARTNER, SRI V.BHAKTHA KUMAR.

…APPELLANT (BY SRI SHYAM KOUNDINYA. A.S, ADVOCATE)

AND:

1. SRI.G.RAJAPPA SINCE DEAD BY LRS

1(a) SMT.LAKSHMI RAJAPPA, W/O LATE G.RAJAPPA, AGED ABOUT 65 YEARS, 1(b) SRI.G.R.PRADEEP, S/O LATE G.RAJAPPA, AGED ABOUT 39 YEARS, 1(c) SRI.G.R.SANDEEP, S/O LATE G.RAJAPPA, AGED ABOUT 36 YEARS, R1(a) TO (c) ARE R/AT NO.562, 20^TH MAIN, 36^TH CROSS, 4^TH T BLOCK, JAYANAGAR, BENGALURU-560 041

2. SRI.JAGANNATHA V. PAI, MAJOR, R/AT NO.1319, SARAKKI LAYOUT, 2^ND PHASE, J P NAGAR, BANGALORE-560 078 …RESPONDENTS (BY SRI.B.N.BALASUBRAMANYA, ADVOCATE FOR R1(a) & (c);

SRI PRABHUGOUD B TUMBIGI,ADVOCATE FOR R1(b);

R2 SERVED & UNREPRESENTED)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE