Karnataka High Court
RSA/1435/2026 of K A ABHILASH Vs LOKESH NAIKA on 9 September 2026
CNR: KAHC010610292026 NC: 2026:KHC:49324 RSA No. 1435 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR SECOND APPEAL NO. 1435 OF 2026 BETWEEN: K A ABHILASH S/O L.M.UMASHANKAR SHETTY ALIAS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 1435 OF 2026
BETWEEN:
K A ABHILASH
S/O L.M.UMASHANKAR SHETTY
ALIAS K.UMASHANKAR,
AGED ABOUT 40 YEARS,
T.M.ROAD, LAKKAVALLI VILLAGE,
LAKKAVALLI HOBLI , POST-577128,
TARIKERE TALUK,
CHIKKAMAGALUR DISTRICT.
…APPELLANT
(BY SRI. MANJUNATHA L S.,ADVOCATE)
AND:
1.
LOKESH NAIKA
S/O LATE KRISHNA NAIKA,
AGED ABOUT 55 YEARS,
2.
ISHTARTHA,
S/O LOKESH NAIKA,
AGED ABOUT 25 YEARS,
3.
MADHAN,
S/O LOKESH NAIKA,
AGED ABOUT 22 YEARS,
RESIDENT OF NELLISARA VILLAGE,
SHANKARAGHATTA POST-577451,
Digitally
signed by
BHARATHI S
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT
…RESPONDENTS
THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING
TO ALLOW THE PRESENT REGULAR SECOND APPEAL BY
SETTING ASIDE THE IMPUGNED JUDGMENT AND ORDER
DATED
07.02.2026
PASSED
BY
THE
LEARNED
FIRST
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, IN RA NO.82/2025, WHEREBY THE LEARNED FIRST APPELLATE
COURT ALLOWED THE APPEAL, SET ASIDE THE JUDGMENT AND
DECREE DATED 24.09.2018, PASSED IN OS NO.90/2015 AND
REMANDED THE MATTER FOR FRESH CONSIDERATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL JUDGMENT
Learned counsel for the appellant has filed a memo seeking to convert the present appeal into a Miscellaneous Second Appeal.
2. In terms of the memo, the appellant is permitted to convert the present appeal into a Miscellaneous Second Appeal.
3. The appellant to comply with the requisites of conversion within 3 days.
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
4. This appeal shall be considered as disposed of for statistical purpose.
5. Re-list the Miscellaneous Second Appeal before the roster Bench on 16.09.2026.
(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 141
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA