IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 879 OF 2010 (PAR)

BETWEEN: MARIYAPPA S/O LATE GOVINDAIAH AGED ABOUT 41 YEARS, R/AT MANTYA, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR - 572 130.

…APPELLANT (BY SRI. B S RAVINDRA.,ADVOCATE)

AND:

SHIVARAMA @ SHIVARAMEGOWDA S/O LATE DASEGOWDA R/O MANTYA VILLAGE, Digitally signed by YEDIYUR HOBLI, MAHALAKSHMI B M KUNIGAL TALUK, Location: HIGH COURT OF TUMKUR - 572 130.

KARNATAKA …RESPONDENT (BY SRI. SUBRAMANYA HEGDE.,ADVOCATE FOR C/R)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.1.2010 PASSED IN R.A.NO.20/2009 ON THE FILE OF THE CIVIL JUDGE (SR.DVN), KUNIGAL, ALLOWING THE APPEAL & SETTING ASIDE THE JUDGMENT AND DECREE DATED 9.02.2009 PASSED IN O.S.NO.240/02 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR. DN.), KUNIGAL.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

The memorandum of settlement entered into between the appellant and the respondent under Section 89 of CPC read with Rules 24 and 25 of Karnataka Civil Pr