HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 811 OF 2007 (INJ)

C/W REGULAR SECOND APPEAL NO. 5579 OF 2009 IN RSA NO.811 OF 2007 BETWEEN:

1. JUJEMARI NIKALANV FERNANDES DEAD, APPELLANT NO.2 IS LEGAL HEIR OF APPELLANT NO.1.

2. ANTHON NIKALANV FERNANDES, AGE: 54 YEARS, R/O. AGASEBAGIL VILLAGE, SIRSI TALUK, UTTARA KANNADA DISTRICT-581401.

…APPELLANTS Digitally signed by (BY SRI SANGRAM KULKARNI, ADVOCATE)

MALLIKARJUN RUDRAYYA KALMATH Location: High Court of AND:

Karnataka, Dharwad Bench ANDRU KAITAN D’SOUZA, SINCE DECEASED BY LEGAL REPRESENTATIVES.

1. ESTELL W/O. ANDRU D’SOUZA, SINCE DECEASED BY LR’S, DEAD RESPONDENT NO.1 AND R2 TO R7 ARE LEGAL HEIRS OF R1).

2. SOBINA W/O. PETER RUZARIO, AGE 65 YEARS.

HC-KAR

3. KHAITAN S/O. ANDRU D’SOUZA, SINCE DECEASED BY HIS LRS R2 & R4 TO R7).

4. INTRU S/O. ANDRU D’SOUZA, AGE 55 YEARS.

5. NATALIA W/O. PIAS GHAM, AGE 51 YEARS.

6. ANTON ANDRU D’SOUZA, AGE 49 YEARS.

7. NELSON S/O. ANDRU D'SOUZA, AGE 41 YEARS, ALL ARE R/O. NILEKANI VILLAGE, SIRSI TALUKA, UTTARA KANNADA DISTRICT-581401.

…RESPONDENTS (BY SRI HEDGE, NEERALAGI AND PATIL, ADVS. FOR R1 AND R6;

SRI. VISHWANATH HEGDE AND SMT. TANUJA HEGDE, ADVOCATES FOR R2, R4, R5 & R7;

VIDE ORDER DATED 09.10.2025, APPEAL AGAINST R3-ABATED)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR THE RECORDS OF THE CASE R.A.NO.16/1996 ON THE FILE OF THE COURT OF THE CIVIL JUDGE (SR. DVN.) AS WELL AS O.S. NO.156/1986 ON THE FILE OF THE COURT OF THE ADDITIONAL MUNSIFF AT: SIRSI AND AFTER LOOKING INTO THE LEGALITY AND VALIDITY OF THE JUDGMENT AND DECREE DATED 23.12.2006 IN R.A.NO.16/1996, REVERSING THE JUDGMENT AND DECREE DATED 31.01.1996 IN O.S.NO.156/1986 BE PLEASED TO QUASH AND SET ASIDE THAT OF THE LOWER APPELLATE COURT, AND RESTORE THAT OF THE TRIAL COURT, IN THE INTEREST OF JUSTICE AN D EQUITY.

HC-KAR IN RSA NO.5579/2009 BETWEEN:

1. JUJEMARI NIKALANV FERNANDES DEAD, APPELLANT NO.2 IS LEGAL HEIR OF APPELLANT NO.1.

2. ANTHON NIKALANV FERNANDES, AGE: 54 YEARS, R/O. AGASEBAGIL VILLAGE, SIRSI TALUK, UTTARA KANNADA DISTRICT-581401.

…APPELLANTS (BY SRI SANGRAM KULKARNI, ADV. FOR SRI V. P. KULKARNI, ADVOCATES)

AND:

ANDRU KAITAN D’SOUZA, SINCE DECEASED BY LEGAL REPRESENTATIVES.

1. ESTELL W/O. ANDRU D’SOUZA, SINCE DECEASED BY LR’S, DEAD RESPONDENT NO.1 AND R2 TO R7 ARE LEGAL HEIRS OF R1).

2. SOBINA W/O. PETER RUZARIO, AGE 65 YEARS.

3. KHAITAN S/O. ANDRU D’SOUZA, SINCE DECEASED BY HIS LRS R2 & R4 TO R7).

4. INTRU S/O. ANDRU D’SOUZA, AGE 55 YEARS.

5. NATALIA W/O. PIAS GHAM, AGE 51 YEARS.

HC-KAR

6. ANTON ANDRU D’SOUZA, AGE 49 YEARS.

7. NELSON S/O. ANDRU D'SOUZA, AGE 41 YEARS, ALL ARE R/O. NILEKANI VILLAGE, SIRSI TALUKA, UTTARA KANNADA DISTRICT-581401.

…RESPONDENTS (BY SRI HEDGE, NEERALAGI AND PATIL, ADVS. FOR R4 AND R6;

NOTICE TO R2, R5 AND R7 ARE SERVED;

APPEAL AGAINST R3-ABATED)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR THE RECORDS OF THE CASE R.A.NO.15/1996 ON THE FILE OF THE COURT OF THE CIVIL JUDGE (SR. DVN.) SIRSI AS WELL AS O.S.NO.102/1987 ON THE FILE OF THE COURT OF THE ADDITIONAL MUNSIFF AT: SIRSI AND AFTER LOOKING INTO THE LEGALITY AND VALIDITY OF THE JUDGMENT AND DECREE DATED 01.08.2009 IN R.A.NO.15/1996, REVERSING THE JUDGMENT AND DECREE DATED 31.01.1996 IN O.S.NO.102/1987 BE PLEASED TO QUASH AND SET ASIDE THAT OF THE LOWER APPELLATE COURT, AND RESTORE THAT OF THE TRIAL COURT, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR DICTATION OF JUDGMENT, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

The Regular Second Appeal No.811/2007 is filed by Defendants in O.S.No.156/1986, calling in question the judgment and decree dated 23.12.2006 in R.A.No.16/1996 passed by the Civil Judge (Sr.Dn.), Sirsi, Hereinafter referred to as “First Appellate Court”, reversing the judgment a