IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.991 OF 2014 (DEC/INJ)

BETWEEN:

SRI V. GOPAL, S/O VENKATASWAMY, AGED ABOUT 53 YEARS, R/O BELAVATA VILLAGE, KASABA HOBLI, MYSORE TALUK.

…APPELLANT (BY SRI SHANKARAPPA, ADVOCATE)

AND:

1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE 560 001.

2. DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE.

3. ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE 571 001.

Digitally signed by GEETHAKUMARI PARLATTAYA S 4. THE TAHSILDAR, Location: High MYSORE TALUK, Court of Karnataka MYSORE 571 001.

5. SRINIVASA, S/O VENKATASWAMY, AGED ABOUT 57 YEARS, 6. V. GANGARAJU, S/O VENKATASWAMY, AGED ABOUT 49 YEARS, 7. MANJUNATH, S/O VENKATASWAMY, AGED ABOUT 43 YEARS, RESPONDENT NOs.5, 6 AND 7 ARE R/AT NO.55, BELAVATHA VILLAGE, RBI POST, KASABA HOBLI, MYSORE TALUK - 571 001.

…RESPONDENTS (BY SRI K.R. RAJENDRA, AGA FOR R1 TO R4;

R5 TO R7 ARE SERVED BUT UNREPRESENTED)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.02.2014 PASSED IN R.A.NO.39/2013 ON THE FILE OF I ADDL. DISTRICT JUDGE, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.08.2012 PASSED IN O.S.NO.102/2011 ON THE FILE OF IV ADDL. SENIOR CIVIL JUDGE, MYSORE.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

Challenging judgment and decree dated 10.02.2014 passed by I Additional District Judge, Mysore, in R.A.no.39/2013 and judgment and decree dated 13.08.2012 passed by IV Additional Senior Civil Judge, Mysore, in O.S.no.102/2011, this appeal is filed.

2. Brief facts are that appellant was plaintiff no.1 in O.S.no.102/2011. Said suit was filed along with respondents no.5 to 7 seeking for declaration that 3 Acres of land abutting 3 Acres 24 guntas bearing Sy.no.93/40 of Belavatha village, Yelawala Hobli, Mysore Taluk (for short 'suit property') belongs to plaintiffs as an absolute owners and for consequential relief of permanent injunction restraining defendants from interfering with plaintiffs' peaceful possession and enjoyment.

Plaintiffs' claim was based on assertion that on

13.02.1979, their father Venkataswamy purchased land 3 Acres 24 guntas in Belavatha village, Kasaba Hobli, Mysore Taluk from one Madachar son of Bommarasachar of Siddalingapura village. And that Madachar had purchased it under registered sale deed 25.01.1954. Thus they were absolute owners in possession of suit property.

It was further stated that on northern side of suit property, there was 3 Acres of Gomala land belonging to Government and that plaintiffs' father had leveled Gomala land and removed shrubs and continuously enjoying possession by raising Ragi, Hurali and Jowar etc. Thus, plaintiffs/plaintiffs' father were in continuous possession of said Gomala land for more than 30 years without any hurdles. It was stated that they had grown coconut trees aged about 4 to 5 years and an application was submitted to Government for regularization of unauthorized cultivation.

It is stated that 4^th defendant namely Tahsildar, Mysore had surveyed and prepared a sketch noting unauthorized cultivation of Gomala land by plaintiffs. It was further stated that on 03.01.2011, defendants no.3 and 4 attempted to interfere with plaintiffs' possession, constraining plaintiffs to file suit.

On receipt of summons, defendants appeared and filed written statement questioning maintainability of suit on facts and law. Purchase of 3 Acres 24 guntas under registered sale deed in year 1970 was denied for want of production of documents. Even possession of 3 Acres of Gomala land was disputed as total extent of Sy.no.93 was stated to be 220 Acres and 36 guntas and no application in Form no.50 or Form no.53 filed under provisions of Karnataka Land Revenue Act, 1964 were produced. It was further stated that Belavatha village was situated at a distan