IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.25 OF 2026 (DEC)

BETWEEN:

ASHOKA S/O.SRI RAMAPPA AGED ABOUT 64 YEARS R/AT NEERKOD EXTENSION VINOBANAGARA SAGARA CITY SAGARA TALUK SHIVAMOGGA DISTRICT-577 401 …APPELLANT (BY SRI S.V.PRAKASH, ADVOCATE)

AND:

K.B.MAHABALESH S/O.BILAKANAIKA AGED ABOUT 51 YEARS R/AT VINOBANAGARA SAGARA CITY SAGARA TALUK SHIVAMOGGA DISTRICT-577 401 Digitally signed by B …RESPONDENT LAVANYA (BY SRI H.KANTHARAJ, SENIOR COUNSEL A/W Location:

SRI H.DAYANANDA SARASWATHI, ADVOCATE)

HIGH COURT OF THIS REGULAR SECOND APPEAL IS FILED UNDER KARNATAKA SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.10.2025 PASSED IN R.A.NO.22/2024 BY I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.06.2024 PASSED IN O.S.NO.170/2014 BY THE PRINCIPAL CIVIL JUDGE AND JMFC, SAGARA.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is preferred by the defendant challenging the judgment an