IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

REGULAR SECOND APPEAL NO.1602 OF 2012

BETWEEN:

SRI. THIMMANAIKA

AGED ABOUT 72 YEARS,

S/O LATE CHIKKABETTANAIKA,

RESIDING AT: SINDHUVALLI VILLAGE,

JAIPURA HOBLI,

MYSORE TALUK, MYSORE-570 008.

...APPELLANT

(BY SRI. B S NAGARAJ, ADVOCATE)

AND:

1.

SRI SWAMY

AGED ABOUT 62 YEARS,

S/O LATE CHIKKABETTANAIKA

2.

SMT. THAYAMMA

AGED ABOUT 65 YEARS,

D/O LATE CHIKKABETTANAIKA

BOTH RESPONDENTS ARE RESIDING AT

SINDHUVALLI VILLAGE,

JAYAPURA HOBLI,

MYSORE TALUK, MYSORE -570 008. ….RESPONDENTS

(By Sri. JEEVAN K, ADVOCATE)

2

THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE

JUDGMENT

AND

DECREE

DATED

18.04.2012

PASSED

IN

R.A.NO.739/2009 ON THE FILE OF IV ADDITIONAL DISTRICT JUDGE,

MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT

AND DECREE DATED 27.07.2009 PASSED IN OS.NO.920/2005 ON THE

FILE OF I ADDITIONAL CIVIL JUDGE (SR. DVN.) MYSORE.

THIS RSA COMING ON FOR ORDERS, THIS DAY, THE COURT

DELIVERED THE FOLLOWING:-

J U D G M E N T

This is plaintiff’s sec