IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND REGULAR FIRST APPEAL NO. 1661 OF 2012 (SP)

BETWEEN:

SRI.GOPALAPPA, AGED ABOUT 61 YEARS, S/O MUTHAPPA, RESIDING AT NO.765/A, 15^TH MAIN, 7^TH CROSS, BTM LAYOUT, MICO LAYOUT, BANGALORE-560 076.

…APPELLANT (BY SRI B.R.VISHWANATH., ADVOCATE)

AND:

1. MR.DWARAKANTH, AGED ABOUT 49 YEARS, SON OF B.VISVESWARAIAH, 2. MRS.GAYATHRI DWARAKANATH, AGED ABOUT 45 YEARS, WIFE OF DWARAKANATH, BOTH ARE RESIDING AT NO.17/1, 4^TH MODEL HOUSE STREET, BASAVANAGUDI, BANGALORE-560 004.

3. MR.V.K.MOHAMMED ISMAIL, AGED ABOUT 51 YEARS, SON OF LATE HABIBULLAH AND K.CHOTIBI, RESIDING AT NO.45, ALABADAR HOUSE, 2^ND CROSS, KHBCS LAYOUT, BANGALORE-560 078.

4. MR.ARUN CHAWLA, AGED ABOUT 27 YEARS, SON OF MOHAN CHAWLA, RESIDING AT NO.79/124, 6^TH MAIN, 36^TH CROSS, 5^TH BLOCK, JAYANAGAR, BANGALORE-560 041.

…RESPONDENTS (BY SRI.S.GANGADHAR AITHAL., ADVOCATE FOR C/R4;

R1 AND R2 SERVED UNREPRESENTED;

V/O DTD 07.10.2024 NOTICE TO R3 HELD SUFFICIENT)

THIS REGULAR FIRST APPEAL IS FILED U/SEC.96 R/W ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.08.2012 PA