IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 20^TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100409 OF 2017 (DEC/INJ)

BETWEEN:

1. MUDAKAPPA S/O. JANGALEPPA ARI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: YAKALASAPUR, TQ: MUNDARAGI, DIST: GADAG-582 118.

2. MALLESHAPPA S/O MUDAKAPPA ARI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: YAKALASAPUR, TQ: MUNDARAGI, DIST: GADAG-582 118.

… APPELLANTS (BY SRI J.S. SHETTY, ADVOCATE.)

AND:

1. SHARANAPPA S/O BASAVANTAPPA ARI, Digitally signed by AGE: 34 YEARS, OCC: AGRICULTURE, MALLIKARJUN RUDRAYYA KALMATH R/O: CHABBI, TQ: SHIRAHATTI, Location: HIGH COURT DIST: GADAG-582 120.

OF KARNATAK A DHARWAD BENCH

2. SMT. KASTUREVVA W/O IRAPPA SHALAWADI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: CHABBI, TQ: SHIRAHATTI, DIST: GADAG-582 120.

3. SMT. DRAKSHAYANAVVA W/O BASAPPA KATRALLI, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O: CHABBI, TQ: SHIRAHATTI, DIST: GADAG-582 120.

4. SMT. JAYAVVA W/O. SHIVAPPA GANJI, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O: CHABBI, TQ: SHIRAHATTI, DIST: GADAG-582 120.

5. SMT. MADEVI W/O. IRAPPA ADARAKATTI, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O: CHABBI, TQ: SHIRAHATTI, DIST: GADAG-582 120.

6. BHARAMAPPA S/O. MALLAPPA ARI, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: CHABBI, TQ: SHIRAHATTI, DIST: GADAG-582 120.

7. ISHWARAPPA S/O. MALLAPPA ARI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: CHABBI, TQ: SHIRAHATTI, DIST: GADAG-582 120.

… RESPONDENTS (BY SRI DINESH M. KULKARNI, ADVOCATE.)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.09.2017, PASSED IN O.S. NO.62/2016, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG BY ALLOWING THIS APPEAL AND DISMISSING THE SUIT WITH COST AND ETC.,.

THIS APPEAL COMING ON FOR DICTATING JUDGMENT THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This appeal is filed by the defendants challenging the judgment and decree dated 14.09.2017, passed by the Additional Senior Civil Judge, Gadag, in O.S.No.62/2016, thereby, the suit filed for declaration is decreed.

2. Heard the arguments of learned counsels appearing for both the sides and perused the records and the material placed before the Court.

3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the tribunal.

4. It is the case of plaintiffs that the plaintiffs are owners of the suit schedule land bearing R.S.No.368/1 measuring 04 acres 39 guntas, situated at Mevundi village of Mundaragi taluk in Gadag district. The plaintiffs have stated genealogy in the plaint as mentioned hereunder:

Mallappa Doddabasappa @ Bharamappa Ari (Propositus) (died)

Basavantappa (died) Bharamappa Ishwarappa Sangavva (died) P6 P7 Kasturevva Drakshayanavva Jayavva Madevi Sharanappa P2 P3 P4 P5 P1

5. It is the case of plaintiffs that one Mallappa Doddabasappa @ Bharamappa Ari is the propositus of plaintiffs family. The said Mallappa has three sons by name Basavantappa, Bharamappa and Ishwarappa. The said Basavantappa died on 23.11.2015 and his wife Sangavva died on 01.01.2015. The plaintiffs No.1 to 5 are children of said Basavantappa. It is the case of plaintiffs that the suit property is the ancestral property of plaintiffs. The propositus Mallappa was cultivating the suit land and is in possession of the property. The names of Mallappa and his mother Konthevva came to be entered in the record of rights of suit property. The name of mother Konthevva came to be entered as minor guardian of said Mallappa. Both Mallappa and Konthevva died. After death of propositus Mallappa, his sons Basavantappa and plaintiffs No.6 and 7 have inherited the suit land. The names of said Basavantappa and plaintiffs No.6 and 7 came to be entered in the record of rights of suit schedule property on 23.11.2004. After death of Basavantappa, plaintiffs No.1 to 5 have inherited the suit land.

6. It is further