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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24^TH DAY OF JANUARY, 2023

BEFORE

THE HON’BLE MR.JUSTICE C.M.POONACHA

RSA No.7145/2009 (DEC/INJ)

BETWEEN

1. ABDULBEE D/O ABDULSA PINJAR

AGE: 25 YEARS, OCC: HOUSEHOLD

2. SOFABEE D/O ABDULSA PINJAR

AGE: 26 YEARS, OCC: HOUSEHOLD

3. ABDULSAA S/O SAFISAB PINJAR

AGE: 50 YEARS, OCC: AGRI.,

ALL R/O: DORANHALLI, TQ: SHAHAPUR

DIST: GULBARGA

...APPELLANTS

(BY SRI B. D. HANGARKI,

SRI S.B.HANGARKI AND

J.B.HANGARKI, ADVOCATES)

AND

1. GHUDU SAHEB S/O ABDULLA SAB KADAPPA

AGE: 37 YEARS, OCC: AGRIL.,

2. AZIZ SAHEB S/O ABDULLA SAB KADAPPA

AGE: 24 YEARS, OCC: AGRIL.,

3. LALBEE W/O ABDULLA SAB KADAPPA

AGE: 50 YEARS, OCC: HOUSEHOLD

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ALL R/O: DORANHALLI, TQ: SHAHAPUR

DIST: GULBARGA

…RESPONDENTS

(BY SRI VIKRAM VIJAY KUMAR, ADVOCATE FOR R1;

R2 & R3 SERVED & UNREPRESENTED)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE

JUDGEMENT AND DECREE DTD. 25.03.2009 PASSED IN

R.A.NO.3/2007 (OLD R.A.NO.10/2006) ON THE FILE OF THE

PRESIDING

OFFICER,

FAST

TRACK

COURT-I,

YADGIR,

ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT

AND DECREE DTD 15.12.2005 PASSED IN OS.NO.169/04 ON

THE FILE OF THE CIVIL JUDGE (SR.DN) SHORAPUR SITTING AT

SHAHAPUR.

THIS APPEAL HAVING BEEN HEARD AND RESERVED ON

19.01.2023,

COMING

ON

FOR

'PRONOUNCEMENT

OF

JUDGMENT'

THIS

DAY,

THE

COURT

DELIVERED

THE

FOLLOWING:

JUDGMENT

The above second appeal is filed by the

defendants to set aside the judgment and decree

dated 25.03.2009 passed in R.A.No.3/2007 (old

R.A.No.10/2006) by the Court of the Presiding Officer,

Fast Track Court-I at Yadgir (for short 'first appellate

Court') and to set aside the judgment and decree

dated 15.12.2005 passed in O.S.No.169/2004 by the

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Court of the Civil Judge (Sr.Dn.) at Shorapur sitting at

Shahapur (for short 'Trial Court').

2.

The parties will be referred to as per their

rank

before

the

Trial

Court

for

the

sake

of

convenience.

3.

The plaintiffs instituted O.S.No.169/2004

for declaration that they are the owners and

possessors of land in Survey No.664/1, measuring 6

acres 25 guntas in Doranhalli village, Shahapur taluka

(for short 'suit land') and to restrain the defendants

from interfering with the peaceful possession of the

plaintiffs over the suit land. It is the case of the

plaintiffs that they are the absolute owners in

possession of the suit land and they have grown trees

(14 numbers) in the suit land. That between the land

of the plaintiffs and the land of the defendants, there

is a bund raised by the plaintiffs about 25 years back.

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That the defendants are nowhere concerned to the

said trees grown by the plaintiffs and have nothing to

do with the bund constructed by the plaintiffs. That

the defendants with ulterior motive, are interfering

with the peaceful possession of the plaintiffs over the

suit land and trying to destroy the bund and cut the

trees. Hence, the suit is filed.

4.

The defendants have entered appearance

and filed their written statement denying the case of

the plaintiffs. It is the specific case of the defendants

that they are the owners of land in Survey No.664/2,

measuring 6 acres 25 guntas, situated in Doranhalli

village and are living in the said land and they have

grown various trees in the said land. That defendant

No.3 having no male issues and no support from any

male member and being in helpless condition, taking

advantage of the poverty of the defendants, the

plaintiffs have filed a suit to usurp the standing trees

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inside the property of the defendants in Survey

No.664/2. That the bund is raised by the defendants

and there is a canal in between the lands in Survey

No.664/2 and Survey No.662. It is the further specific

case of the defendants that the plaintiffs are in actual

possession of Survey No.662 and never in possession

of land in Survey No.664 or Survey No.664/1. Hence,

the defendants have sought for