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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 12^TH DAY OF JULY 2022

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

RSA No.1549/2006 (INJ)

BETWEEN:

1.

Veerendra

S/o Gurlingappa Kumarshetty,

Age: Major, Occ: Agriculture,

R/o Village V.K.Salgar,

Taluk: Aland,

District: Belgaum-590 001

2.

Shivkumar

S/o Gurlingappa Kumarshetty,

Age: Major, Occ: Agriculture,

R/o Village V.K.Salgar,

Taluk: Aland,

District: Belgaum – 590 001.

… Appellants

(By Sri. V.K.Nayak, Advocate)

AND:

1.

Gurupadappa

S/o Sharnappa Kumarshetty,

R/o Village V.K.Salgar,

Taluk: Aland.

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“Since deceased through his LRs

Respondents 2 and 3”.

2.

Shivasharanappa

S/o Gurupadappa Kumarsetty,

Age: Major, Occ: Agriculture,

R/o Village S.K.Salgar,

Taluk: Aland – 590 001.

3.

Rachappa

S/o Gurupadappa Kumarsetty,

Age: Major, Occ: Agriculture,

R/o Village S.K.Salgar,

Taluk: Aland – 590 001.

… Respondents

(Sri. Shivakumar Kalloor, Advocate for R2 & R3;

Sri. B.G.Namith Mahesh, Advocate for C/R1)

This Regular Second Appeal is filed under Section

100 of CPC, praying to set aside the judgment, order and

decree dated 20.04.2006, passed in R.A.No.21/2005 by

the Hon’ble Civil Judge (Sr.Dn.), Aland; confirm the

judgment, order and decree dated 14.03.2005 passed in

O.S.No.293/1989 by the Hon’ble Court of the Principal Civil

Judge (Junior Division) & JMFC, Aland.

This appeal having been heard and Reserved on

06.06.2022, coming on for ‘Pronouncement of Judgment’

this day, the Court delivered the following:

JUDGMENT

This appeal is filed by the plaintiffs, challenging the

judgment and decree dated 20.04.2006 passed by the Civil

Judge (Sr.Dn.), Aland (hereinafter referred to as ‘the First

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Appellate Court’ for short) in R.A.No.21/2005, whereby the

learned Civil Judge has set aside the judgment and decree

passed in O.S.No.293/1989 passed by the Principal Civil

Judge (Jr.Dn.) & JMFC, Aland, dated 14.03.2005, whereby

the suit of the plaintiffs came to be decreed.

2.

For the sake of convenience, the parties herein

are referred with the original ranks occupied by them

before the Trial Court.

3.

The plaintiffs have filed the suit for permanent

injunction

restraining

the

defendants

from

illegally

interfering in their peaceful possession and enjoyment of

the suit schedule property. That, the plaintiffs are the

sons of Gurulingappa and they are the owners in

possession of the land bearing Sy.No.34/2 “A” and “AA”

respectively measuring 4 acres 11 guntas each situated at

village V.K. Salgar of Aland Taluk. That, the defendants

1 to 3 are the bahubands of the plaintiffs and they are no

way concerned with the suit property at any point of time.

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That, the suit land was originally owned and possessed by

one Bhimanna, who was the distant bahuband of the

plaintiffs and he expired leaving behind his only daughter

by name Mahadevi. The father of the plaintiffs purchased

the suit property bearing Sy.No.34/2 from Mahadevi for

valuable consideration of Rs.8,000/- under a registered

sale deed dated 04.06.1982. That, the suit land was

divided into two portions and now it is recognised as “A”

and “AA” and both plaintiff Nos.1 and 2 are respectively in

possession and enjoyment of their respective shares.

That, they are cultivating the same personally and the ROR

also stands in their name. It is also asserted that the

defendants are interfering with their peaceful possession

and enjoyment over the suit schedule property without any

right, title or interest and hence, they have sought for

perpetual injunction.

4.

The defendants put in their appearance and

filed their written statement denying the allegations and

assertions made in the suit. The relationship between the

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parties is admitted. It is also admitted that the suit land

was owned and possessed by Bhimanna S/o Irsangappa,

but they denied the ownership of Mahadevi and execution

of the s