IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25^th DAY OF JULY 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 100237 OF 2020 BETWEEN:

1. BASAVARAJ S/O. VEERAPPA ANKALI AGE: 45 YEARS, OCC: AGRICULTURE, R/O: CHIKKENAKOPPA, TQ: YELBURGA, DIST: KOPPAL-583232.

2. SRIKANTH S/O. VEERAPPA ANKALI AGE: 41 YEARS, OCC: AGRICULTURE, R/O: CHIKKENAKOPPA, TQ: YELBURGA, DIST: KOPPAL-583232.

...APPELLANTS (BY SRI. V.M.SHEELVANT, ADVOCATE)

AND:

BASAVARAJEPPA URF BASAVARAJ S/O. AADEPPA TOTTA (KURADI), AGE: 71 YEARS, OCC: AGRICULTURE, R/O: KURADI, TQ: MANVI, DIST: RAICHUR, NOW AT R/O: CHIKKENKOPPA, TQ: YELBURGA, DIST: KOPPAL-583232.

…RESPONDENT (BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.01.2020 PASSED IN O.S.NO.32/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, YELBURGA, DECREEING THE SUIT FILED FOR DECLARATION OF TITLE AND PERPETUAL INJUNCTION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17.06.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, JUDGMENT WAS DELIVER