IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 2594 OF 2011 (DEC)

BETWEEN:

1. SMT PUTTAMADAMMA AGED ABOUT 60 YEARS, D/O LATE CHIKKAMADAIAH SINCE DEAD BY HER LRS

1(a) BHYRA, S/O LATE SIDDAIAH, AGED ABOUT 40 YEARS, R/AT NO.4513, VINAYAKA, BEHIND FTS, KYATHAMRANAHALLI, MYSORE.

2. SMT CHIKKAHONNAMMA, AGED ABOUT 58 YEARS, D/O LATE CHIKKAMADAIAH, Digitally R/OF NO.4513, VINQAYAKA,BEHIND FTS, signed by C KYATYHAMARANAHALLI MYSORE.

HONNUR SAB …APPELLANTS (BY SRI K M SANATH KUMARA, ADVOCATE Location:

APPEAL AGAINST APPELLANT NO.2 STANDS DISMISSED AS HIGH COURT ABATED)

OF KARNATAKA AND:

1. SMT DEVAMMA AGED ABOUT 72 YEARS W/O LATE SAKAIAH SINCE DEAD BY LRS

1(a) SMT HEMA, W/O NAGESHA, MAJOR, NO.724, BEHIND BASAVANAGUDI ROAD, K.N.PURA LAYOUT, MYSURU - 570019.

1(b) SMT SUMITHRA, W/O NATARAJ, MAJOR, NO.725, BEHIND BASAVANAGUDI ROAD, K.N.PURA LAYOUT, MYSURU - 570019.

1(c) SMT YASHODHA, W/O RAJU, MAJOR, NO.673, BEHIND BASAVANAGUDI ROAD, K.N.PURA LAYOUT, MYSURU - 570019.

1(d) SMT NEELU, W/O BASAPPA, MAJOR, BEHIND BASAVANAGUDI ROAD, K.N.PURA LAYOUT, MYSURU - 570019.

1(e) LAKSHMI, D/O LATE SAKAIAH, MAJOR (ABATED)

1(f) KUMARI, D/O LATE SAKAIAH, MAJOR, R1(d) AND (f) ARE R/AT

11^TH CROSS, ASWATHA KATTER CROSS ROAD, KYATHMARANAHALLY, MYSURU - 570019 (NOTE: THE RESPONDENT NO.2 AND 3 ARE ALSO LRS OF THE DECEASED RESPONDENT NO.1 ALONG WITH R1(a) AND R1(f)

2. SRI S MADAPPA, AGED ABOUT 51 YEARS, S/O LATE SAKAIAH.

3. SRI S RAMESHA, AGED ABOUT 29 YEARS, S/O LATE SAKAIAH, 4. SRI SREEKANTA, AGED ABOUT 53 YEARS, S/O LATE JAVARIAH, 5. SRI KRISHNA, AGED 45 YEARS, S/O LATE JAVARIAH 6. SMT SUMITRA, W/O LATE MUDDUMADU, DAUGHTER-IN-LAW OF LATE JAVARAIAH, AGED 45 YEARS, 7. SMT MAHADEVAMMA, AGED 49 YEARS, D/O LATE JAVARAIAH, W/O LATE MAHADEVU. 8. SMT SHIVAMMA, AGED 39 YEARS, D/O LATE JAVARAIAH

9. SMT SHANTHAMMA, D/O LATE JAVARAIAH, W/O GOVINDAIAH @ GOVINDA NAIKA AGED 37 YEARS ALL ARE R/AT NO.84, HULIYAMMA'S TEMPLE KYATHAMARANAHALLI, MYSORE.

10. NAZEER AHAMED, MAJOR, SHARIFF TEA HOUSE, SHANTHINAGAR, MYSORE.

11. SARDAR, FIRE WOOD DEPOT, 1^ST CROSS, SHANTHINAGAR, MYSORE.

12. SRI EKBAL, MAJOR, 1^ST CROSS, SHANTHINAGAR, MYSORE.

13. AHAMED SHERIFF, MAJOR NO.1995, 1^ST STAGE, MAHADEVAPURA MAIN ROAD, 1^ST CROSS, SHANTHINAGAR, MYSORE.

14. SMT HASEENA BANU, MAJOR, W/O KHALEEL, 2^ND CROSS, SHANTHINAGAR, MYSORE.

15. AMEERJAN, MAJOR, NO.178 AND 178/4, 2^ND CROSS, SHANTHINAGAR, MYSORE.

16. SRI SANNAMADU, AGED 62 YEARS, S/O LATE CHIKKAMADAIAH, NO.4513, VINAYAKA, BEHIND FTS, KYATHAMARANAHALLI, MYSORE.

…RESPONDENTS (BY SRI N NANJUNDASWAMY, ADVOCATE FOR R1(A TO F) R2 &

R3, SMT SUKANYA H D, ADVOCATE FOR R4 TO R9, V/O/DT 03.04.2012 NOTICE TO R10, R11, R13 & R15 ARE H/S V/O/DT 26.11.2019 NOTICE TO R1(A&C) ARE H/S V/O/DT 4.07.2025 APPEAL AGAINST R16 R1(E) STANDS DISMISSED AS ABATED)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 5.8.2011 PASSED IN R.A NO.794/2009 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.7.2009 PASSED IN O.S.NO.671/2004 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND CIVIL JUDGE (SR.DN)

MYSORE.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

This appeal is arising from a divergent finding in a suit for declaration, permanent injunction and possession.

2. The admitted genealogy is as under:

Chikkamadaiah Siddamma (W1) Chikkamadamma (W2) died on 18.05.1942 died on 31.01.2002 K.Javaraiah died on 1 3.06.1985-Ex.P4 Sannamadu D1 Puttamadamma D2 Chikkahonnamma D3 Sannamadamma (W)

Muddumadu Sreekanth Krishna Mahadevamma Shivamma Shanthamma died P1 P2 P4 P5 P6 Sumithra (W) P3

3. Chikkamadaiah was the propositus. He had two wives, namely Siddamma and Chikkamadamma. His first wife Siddamma died in 1942. After her death, Chikkamadaiah married Chikkamadamma. Chikkamadaiah, the propositus