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 R