IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE 25^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH REGULAR SECOND APPEAL NO.858/2021 (DEC/INJ)

BETWEEN: H. GALAPPA SINCE DEAD BY HIS LRS.

1 . SMT. PUTTANARASAMMA W/O LATE GALAPPA AGED ABOUT 74 YEARS

2 . SRI. G. SHANKARE GOWDA D/O LATE GALAPPA AGED ABOUT 49 YEARS

3 . SRI. G. NARASAPPA S/O LATE GALAPPA AGED ABOUT 64 YEARS

4 . SRI. G. GOPAL S/O LATE GALAPPA AGED ABOUT 61 YEARS

5 . SRI. MADADEVAIAH S/O LATE GALAPPA AGED ABOUT 56 YEARS

6 . SMT. ROOPA D/O LATE G. NAGESHA AGED ABOUT 41 YEARS

7 . SRI. RAHUL N., S/O LATE G. NAGESHA AGED ABOUT 20 YEARS

8 . SRI. RAKESH GOWDA N., S/O LATE G. NAGESHA AGED ABOUT 18 YEARS APPELLANTS NO.1 TO 8 ARE RESIDING AT NO.108/A O.B.CHOODAHALLI VILLAGE KANAKAPURA ROAD NEAR ART OF LIVING UDIPALYA POST BENGALURU-560 082.

9 . SRI. CHANNAKRISHNAPPA S/O LATE HANUMAIAH AGED ABOUT 61 YEARS MUNIYAPPA SINCE DECEASED BY LRS.

10 . SMT. MUNIYAMMA W/O LATE MUNIYAPPA AGED ABOUT 70 YEARS APPELLANTS NO.9 AND 10 ARE R/AT O.B.CHOODAHALLI VILLAGE KAGGALIPURA POST UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU-560 082.

11 . SMT. BABY W/O NAGARAJ AGED ABOUT 53 YEARS R/AT UTTARI VILLAGE KAGGALIPURA POST UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560 082.

12 . SMT. UMA W/O LAET PUTTARAMA D/O LATE MUNIYAPPA AGED ABOUT 51 YEARS R/AT HANCHINAPURA VILLAGE BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT- 562 109.

13 . SMT. MAHADEVI W/O LATE HANUMAIAH D/O LATE MUNIYAPPA AGED ABOUT 47 YEARS R/AT O.B.CHOODAHALLI VILLAGE KAGGLIPURA POST UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560 082.

14 . SMT. ANITHA W/O MAHESH D/O LATE MUNIYAPPA AGED ABOUT 45 YEARS R/AT GATTIGEREPALYA VILLAGE VIDYAPEETA POST KENGERI HOBLI BENGALURU - 560 060. … APPELLANTS (BY SRI. KUMAR J.C., ADVOCATE)

AND:

1 . SRI MUNIYAPPA S/O LATE ERACHANNAPPA AGED ABOUT 64 YEARS

2 . SRI NARASIMAHAIAH S/O LATE ERACHANNAPPA AGED ABOUT 54 YEARS

3 . SRI NAGARAJU SINCE DEAD BY LRS.

3(a) SMT. PADMA W/O LATE NAGARAJU AGED ABOUT 48 YEARS

3(b) SMT. SOWMYA D/O LATE NAGARAJU AGED ABOUT 30 YEARS

3(c) SMT. SUMA D/O LATE NAGARAJU AGED ABOUT 27 YEARS

3(d) SMT. SUDHA D/O LATE NAGARAJU MINOR, REPRESENTED BY HER GUARDINAN AND NATURAL MOTHER-SMT.PADMA, WHO IS ALREADY ON RECORD AS RESPONDENT NO.3(a)

RESPONDENTS NO.3(a) TO 3(d) ARE RESIDING AT NO.121, B.O.CHOWDAHALLI VILLAGE UTTARAHALLI HOBLI, BENGAURU SOUTH TALUK BENGALURU – 560 082.

CHANNAPPA SINCE DEAD BY LRS. 4 . SMT. KAMAKKA W/O LATE CHANNAPPA AGED ABOUT 75 YEARS

5 . SRI. NARASAPPA S/O LATE CHANNAPPA AGED ABOUT 58 YEARS

6 . SRI. NAGARAJ S/O LATE CHANNAPPA AGED ABOUT 55 YEARS 7 . SMT. JYOTHAMMA D/O LATE CHANNAPPA AGED ABOUT 50 YEARS

8 . SRI. DEVARAJ SINCE DEAD BY LRS.

8(a) SMT.MAHADEVAMMA W/O LATE DEVARAJU AGED ABOUT 45 YEARS

8(b) SMT. SOWMYA D/O LATE DEVARAJU AGED ABOUT 26 YEARS

8(c) SMT. SUSHMA D/O LATE DEVARAJU AGED ABOUT 24 YEARS RESPONDENTS NO.8(a) TO 8(c) ARE RESIDING AT NO.121 B.O.CHOWDAHALLI VILLAGE UTTARAHALLI HOBLI, BENGAURU SOUTH TALUK BENGALURU – 560 082.

9 . SRI. NARAYANA S/O LATE CHANNAPPA AGED ABOUT 51 YEARS

10 . SRI ANANDA S/O LATE CHANNAPPA AGED ABOUT 45 YEARS

11 . SMT. GEETHA D/O LATE CHANNAPPA AGED ABOUT 43 YEARS RESPONDENTS NO.4 TO 11 ARE RESIDING AT O.B.CHOODAHALLI VILLAGE, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560 082. … RESPONDENTS (BY SRI. H.M.SOMASHEKARAIAH, ADVOCATE FOR C/R1 TO R3;

SMT. LATHA A.R., ADVOCATE FOR R4 TO R11)

THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.04.2021 PASSED IN R.A.NO.109/2015 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ETC.

THIS R.S.A. HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 22.07.2025 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE H.P.SANDESH

CAV JUDGMENT

This appeal is filed challenging the judgment and decree dated 23.04.2021 passed in R.A.No.109/2015 reversing the finding of Trial Court in setting aside the judgment and decree dated 06.07.2015 passed in O.S.No.108/2005 and granting t