This Regular Second Appeal is filed by the

defendants under Section 100 of the Code of Civil

Procedure, 1908 (for short, hereinafter referred to as

‘CPC’) challenging the judgment and decree passed in O.S.

No.96/1999 dated 26.06.2004 on the file of learned

Additional Civil Judge (Jr.Dn.) and J.M.F.C., Bailholgal

which is confirmed by Presiding Officer Fast Track Court,

Bailhongal,

in

R.A.No.34/2004

dated

09.09.2009.

For the sake of convenience, the parties herein

are referred with the original ranks occupied by them

before the Trial Court.

The brief factual matrix leading to the case are

as under:

3.1. That the plaintiff is descendent of Krantiveera

Sangolli Rayanna and propositus was one Siddappa who

left behind only a son by name Bharamappa, who had 7

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sons

viz.,

Doddajatteppa,

Sannajateppa,

Siddappa,

Doddamushadppa, Sannamushappa, Doddarogappa and

Sannarogappa. Doddabharamanna had only one son

name by Rayappa, who is known as Shoora Krantiveera

Sangolli Rayanna. He died unmarried. That the plaintiff is

descendant of the family of Shoora Krantiveera Sangolli

Rayanna. It is further contended that they were all native

of Hattaragi and later they shifted to Aralimatti, Awaradi,

Bailhongal and thereafter to Sangolli Village. It is the

contention of the plaintiff that Doddarogappa was doing

the service of princely State of Kittur as Halab and late

Shoora

Krantiveera

Sangolli

Rayanna

was

also

discharging the service as Halab. The surname of

propositus was Rogannavar and he never called as

Sunkad or Karegar. It is further asserted that the

Krantiveera

Sangolli

Rayanna’s

surname

is

also

Rogannavar. It is further asserted that families in the

northern part of Karnataka recognized by Bedagu and

member of a particular Bedagu is prohibited by custom to

marry or establish any marital relationship of the member

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of same Bedagu. It is further asserted that Bedagu of

Rogannavar family is Honne Allennavar and the

defendants belong to Sunkad family and Begadu of

Sunkad family is Honne Halannavar. It is further asserted

that Rayanna S/o Doddabaramanna fought with the

British Rulers for the cause of princely State and later on

he was hanged by British Rulers and he was known for

bravery act, and where the family resides in Bailhongal,

a area is known as Rogannavar Galli. It is further

asserted that defendants are belonging to the family of

Karegar and they are not descendants of Rayanna or

Rogannavar family. It is alleged that in the year 1990,

the Government of Karnataka has decided to help the

survivors of Rayanna family and in order to take the

benefit, defendants started to affix their relationship

with Rogannavar family claiming that they are the

descendants of Sangolli Rayanna. They are nowhere

connected with the Rogannavar family or Sangolli

Rayanna and in order to have unlawful gain, they are

themselves claiming to be the members of Rogannavar

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family. Hence, plaintiff has filed the suit, seeking

declaration

in

this

regard.

Hence,

the

suit.

4.

Defendant No.1 filed his written statement,

which is adopted by the other defendants. The defendants

have disputed the cause title shown and further asserted

that plaintiffs are not belonging to the Rogannavar family

and they belong to Jogannavar family. They have also

disputed the genealogy given by the plaintiff and set up

the genealogy appended to written statement as

schedule-A.

5.

It is asserted that propositus of Rayanna died

leaving behind two sons by name Yallappa and Ningappa

and defendants claimed to be the ancestors of Sangolli

Rayanna. It is alleged that when the Sangolli Rayanna was

prosecuted and as the British Rulers intend to prosecute

all the family members, the family shifted from Sangolli to

Amtur Village under apprehension of arrest. It is

contended that in order to conceal their identity, they

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started to call themselves as Karegar by surname i.e., the

surname of Rayanna’s sister. It is alleged