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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 22^ND DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE ASHOK S. KINAGI

RSA No.200046/2020

Between:

Mahadevi W/o Hampayya Kambar,

Since deceased by her L.Rs.

1.

Laxmi Bai D/o Hampayya,

W/o Monappa Badiger,

Aged about 61 years, Occ: Coolie,

R/o Kalaburagi,

Jewargi Taluka.

2.

Pramela D/o Hampayya,

W/o Gangdhar Kambar,

Aged 59 years, Occ: Coolie,

R/o Gandhi Chowk,

Shahapur-585223.

3.

Eranna S/o Hampayya Pattari,

Aged about 57 years, Occ: Driver,

R/o Hutti Gold Mines,

Lingasugur Taluk,

Raichur District.

4.

Kalamma W/o Ravindra Kambar,

Aged about 55 years, Occ: Agro & Household,

R/o Gogi (K) Now residing

At Rangampeth, Shorapur,

Taluka, Yadgir District.

2

5.

Bhagavantha S/o Hampayya Pattari,

Aged about 51 years, Occ: Agri,

R/o Konal, Shorapur Taluka,

Yadgir Distrit.

6.

Vinodh S/o Hampayya Pattari,

Aged about 49 years, Occ: Goldsmith,

R/o Konal, Shorapur Taluka,

Yadgir District.

7.

Subhadramma W/o Basanna Kambar,

Aged about 66 years, Occ: Agri,

Shorapur Taluka, Dist. Yadgir.

... Appellants

(By Sri J.Augustin, Advocate)

And:

Dr.Monappa S/o Chandappa Kambar,

Aged about 65 years, Occ: Agriculture,

R/at Gogi, Taluk Shahapur,

Dist: Yadgir-585 223.

... Respondent

This Regular Second Appeal is filed under Section

100 of CPC praying to call for the records; Set aside the

judgment

and

decree

28.10.2019

passed

in

RA

No.22/2018 by the Senior Civil Judge & JMFC at Shahapur

and also kindly be pleased to set aside the judgment and

decree dated 02.04.2018 passed in OS No.99/2014 by the

learned Addl. Civil Judge & JMFC at Shahapur and

consequently kindly be pleased to decree the suit of the

plaintiff by allowing the present RSA and etc.

This appeal coming on for orders, this day, the Court

delivered the following:-

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JUDGMENT

The appellants aggrieved by the judgment and

decree dated 28.10.2019 passed in RA No.22/2018 by

the Senior Civil Judge & JMFC at Shahapur, confirming

the judgment and decree dated 02.04.2018 passed in

OS No.99/2014 by the Addl. Civil Judge & JMFC at

Shahapur filed this appeal.

2.

For the sake of convenience, the parties

will be referred to as per their rankings before the trial

Court. Appellant is the plaintiff, respondent is the

defendant before the trial Court.

3.

The plaintiff has filed a suit for declaration

and permanent injunction alleging that plaintiff No.1

Mahadevi is the daughter of late Bhagvanthappa and

plaintiff No.2 Subhadramma is also the daughter of

late Bhagvantappa. Late Bhagvantappa had one

younger

brother

Monappa

(since

deceased).

4

Defendant is the great grandson of late Monappa.

Bhagvanthappa and Monappa had partitioned their

properties long back. The defendant Monappa has no

right and interest in the suit properties. Plaintiff

succeeded to the suit properties after the death of

Bhagvanthappa. Defendant stealthily concocted a

forged will deed purported to have been executed by

the wife of late Bhagvanthappa by name Eramma. On

the basis of will, the defendant got the lands mutated

in his name and on the basis of revenue records.

Defendant is trying to interfere into the peaceful

possession. Hence, the plaintiff filed a suit for

declaration and perpetual injunction.

4.

Defendant

filed

a

written

statement

denying the averments made in the plaint and

contended that Bhagvantappa died in the year 1953.

The suit filed by the plaintiff is barred by limitation.

The

children

of

Bagamma

and

Ratnamma

are

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necessary parties for the present suit and further

contended that as on the date of instituting the suit,

the plaintiffs are not in possession of suit property.

The defendant on the basis of registered will dated

19.07.1963 is in possession of the suit property and

defendant has sold land bearing Sy.No.77 to one

Mahadevappa in the year 1984 under registered sale

deed. The said