IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.5721/2012(DEC/INJ)

BETWEEN:

SIDDARAMAPPA S/O. BHARAMAPPA MADALAGERI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: LAKKUNDI, GADAG- 582 115.

…APPELLANT (BY SRI. S. G. KADADAKATTI, ADVOCATE)

AND:

1. BASAVANNEPPA S/O BHRAMAPPA MADALAGERI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: LAKKUNDI, GADAG – 582 115.

2. SHEKHARAPPA S/O BHRAMAPPA MADALAGERI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: LAKKUNDI, GADAG – 582 115.

Digitally signed …RESPONDENTS by SAROJA HANGARAKI (BY SRI. H.N.GULARADDI, ADVOCATE FOR R1 & R2)

Location: High Court of Karnataka, Dharwad Bench, THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO Dharwad CALL FOR RECORDS; SET ASIDE THE JUDGMENT AN DECREE DATED 30.01.2012, PASSED BY THE FAST TRACK COURT, AT GADAG, IN R.A.NO.64/2010 AND THE JUDGMENT AND DECREE DATED 09.06.2010 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., GADAG IN O.S.NO.29/2007 BY ALLOWING THIS APPEAL; DECREE THE SUIT FILED BY THE PLAINTIFF IN O.S.NO.29/2007 ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., GADAG AND ETC., THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

1. This appeal is filed by the plaintiff, being aggrieved by the judgment and decree dated 09.06.2010 passed in O.S. No.29 of 2007 on the file of the Prl. Senior Civil Judge and C.J.M., Gadag (for short “the trial Court”), by which the said suit of the plaintiff seeking declaration and injunction was dismissed, which is confirmed by the judgment and order dated 30.01.2012 passed in R.A. No.64 of 2010 by the Fast Track Court, Gadag (for short “the First Appellate Court”).

2. The above suit has been filed by the plaintiff seeking relief of declaration of his title and a consequential relief of permanent injunction in respect of the land bearing R.S. No.691/2A, measuring 4 acres 36 guntas (suit land) contending inter alia that he purchased the suit land in terms of a registered deed of sale dated 16.06.1971 from one Rambhatt, out of his own income earned from agricultural coolie and Ox trading business. Thus, he claims that the suit land is his self acquired property and that he has been paying the land revenue regularly. That he is unmarried and has no issues. That the defendants are his brothers. That there are other landed and movable properties belonging to the family and that a partition of these family properties had taken place about 12 years ago. That in the said partition, the plaintiff, defendants and their other brothers received their respective shares. The suit property, being the self acquired property of the plaintiff, was not included in the partition.

3. Therefore, the defendants have no share, right, title, or interest in the suit property. Despite this, they have attempted to interfere with the plaintiff’s peaceful possession and enjoyment of the suit property, which has led to the filing of the suit.

4. Defendant No.1 has filed a written statement denying the averments made in the plaint. The relationship between the parties is not disputed. It is contended that one Bharmappa and Parvetevva had six sons, namely (i)

Shivappa, (ii) Sidramappa (plaintiff), (iii) Parasappa, (iv) Late Channabasappa and Basavanneppa (defendant No.1) and Shekharappa (defendant No.2). Their mother, Parvatevva passed away on 07.01.2005, and their father, Bharmappa, passed away on 12.06.1980. The fourth son, namely Channabasappa died in the year 1980, leaving behind his wife Ansawwa and five children namely (i) Shivappa also known as Muttappa, (ii) Basavaraj, (iii)

Ashoka, (iv) Smt.Sumangana, & (v) Kumari Balamma. 5. It is contended that the above suit for partition is not maintainable without including other legal heirs and members of the joint family. It is further stated that another property bearing R.S. No. 158/2A, measuring 4 acres 2 guntas, situ