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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2021

PRESENT

THE HON9BLE MR. JUSTICE B.VEERAPPA

AND

THE HON9BLE MRS. JUSTICE K.S.HEMALEKHA

REGULAR FIRST APPEAL. No.798/2016

BETWEEN:

G KRISHNAPPA

S/O LATE V GIRIYAPPA

AGED ABOUT 59 YEARS

NO.10, 4^TH CROSS

AVALAHALLI, MYSORE ROAD

BANGALORE - 560026.

... APPELLANT

(BY SRI V VISWANATH SHETTY, DAVOCATE)

AND:

1.

GOVINDAIAH

S/O LATE VENKATEGOWDA

AGED ABOUT 72 YEARS

2.

SUSHEELAMMA

D/O GOVINDAIAH

AGED ABOUT 45 YEARS

3.

VENKATESH

S/O GOVINDAIAH

AGED ABOUT 42 YEARS

4.

GIRIJA

W/O VENKATESH

AGED ABOUT 32 YEARS

5.

JAYAMMA

D/O GOVINDAIAH

AGED ABOUT 38 YEARS

6.

SURESH

S/O GOVINDAIAH

AGED ABOUT 36 YEARS

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7.

SHEELA

W/O SURESH

AGED ABOUT 32 YEARS

8.

THIMMEGOWDA

S/O LATE VENKATEGOWDA

AGED ABOUT 62 YEARS

9.

GANGAMMA

W/O THIMMEGOWDA

AGED ABOUT 57 YEARS

10.

ANANDA

S/O THIMMEGOWDA

AGED ABOUT 27 YEARS

11.

PUTTAMMA

D/O THIMMEGOWDA

AGED ABOUT 24 YEARS

12.

HEMAVATHI

D/O THIMMEGOWDA

AGED ABOUT 22 YEARS

13.

GIRIYAPPA

S/O LATE VENKATEGOWDA

AGED ABOUT 57 YEARS

14.

KAMALAMMA

W/O GIRIYAPPA

AGED ABOUT 44 YEARS

15.

RANI

D/O GIRIYAPPA

AGED ABOUT 23 YEARS

16.

SANTHOSH

S/O GIRIYAPPA

AGED ABOUT 21 YEARS

17.

M/S UNIVERSAL STEEL ROLLING

MILLS PRIVATE LIMITED,

HAVING ITS REGISTERED OFFICE AT

UPHAAR, NO.4, 12^TH MAIN

MARUTHI NAGAR, MALLESH PALYA

BANGALORE 3 560075

REP. BY ITS MANAGING DIRECTOR

P.S PRASAD.

...RESPONDENTS

(BY SRI NAGARAJ DAMODAR, ADVOCATE FOR R1 TO R17:

SRI S RAJASHEKAR, ADVOCATE FOR R19 AND R20:

R18 IS SERVED UNREPRESENTED)

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***

THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 96

OF THE CODE OF CIVIL PROCEDURE, PRAYING TOAGAINST THE

JUDGMENT AND DECREE DATED 08.10.2013 PASSED IN O.S.

NO.7/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND

JMFC, KUNIGAL DISMISSING THE SUIT FOR DECLARATION AND

MANDATORY INJUNCTION.

THIS APPEAL COMING ON FOR HEARING THIS DAY,

K.S. HEMALEKHA J., DELIVERED THE FOLLOWING:

J U D G M E N T

The plaintiff has preferred the present Regular First

Appeal

assailing

the

judgment

and

decree

dated

08/10/2013, passed in O.S.No.7/2011, on the file of the

Senior Civil Judge and JMFC, Kunigal, dismissing the suit

filed by the plaintiff for declaration and consequential relief

of mandatory injunction and possession.

2.

The parties are referred to as per their ranking

before the trial Court.

3.

It is the case of the plaintiff that one

Venkategowda, son of Shetty Gowda is the paternal grand-

father of the plaintiff and the suit schedule land bearing

Sy.No.160 of Jaladigere Village, measuring 4 acres 12

guntas inclusive of 10 guntas of karab land was granted to

Venkategowda, son of Shetty Gowda by the Government on

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01/08/1935 and he was in possession and cultivation of the

land till 16/11/1951. It is contended that after the death of

the grand-father, plaintiff9s father was cultivating the land

and he died on 19/11/1975 and on the death of the

plaintiff9s father, the plaintiff is cultivating the said land. It

is also contended that defendant Nos.1, 8 and 13 got their

names entered in the RTC extracts and other revenue

records contending that the Government has granted the

suit schedule land in their favour. It is further averred that

according to defendant No.17, the land was granted by the

Government to Venkategowda, son of Buddegowda and

after his death defendant Nos.1, 8 and 13 being his legal

heirs, got their names entered in the revenue records. It is

further contended that the suit lands were not granted by

the Government to Venkategowda, son of Buddegowda at

any point of time and that defendant Nos.1 to 16 have

created a registered sale deed dated 25/04/2008 in favour

of defendant No.17 and the defendant No.17 sought to

convert the agricultural land for residential and industrial

purpose. It is further contended that the alleged

transaction between t