IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.299 OF 2010 (PAR)

BETWEEN:

1. SMT. SUSHEELAMMA W/O. LATE SHIVANNA AGED ABOUT 41 YEARS

2. SRI KUMARA S.

S/O. LATE SHIVANNA AGED ABOUT 30 YEARS

3. SMT. GEETHA D/O. LATE SHIVANNA AGED ABOUT 27 YEARS

4. SRI PRASANNA S/O. LATE SHIVANNA Digitally signed by AGED ABOUT 25 YEARS R MANJUNATHA Location: HIGH ALL ARE RESIDING AT COURT OF SUNKA THONNUR VILLAGE KARNATAKA CHINAKURALI HOBLI PANDAVAPURA TALUK-571 431 …APPELLANTS (BY SRI PAVAN KUMAR S., ADVOCATE FOR SRI M. N. MADHUSUDHAN, ADVOCATE)

AND:

SRI RAJAIAH S/O. LATE KAPANAIAH MAJOR AGE NOT KNOWN R/AT SUNKA THONNUR VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK-571 431 …RESPONDENT (BY SRI LOKESH D. K., ADVOCATE FOR SRI K. SRIRAM, ADVOCATE)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.10.2009 PASSED IN RA.NO.33/2009 (OLD 9/2007) ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., PANDAVAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.11.2006 PASSED IN OS.NO.13/2002 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., PANDAVAPURA.

THIS APPEAL, COMING ON FOR