IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.200829 OF 2023 (GM-CPC)

BETWEEN:

1. SRI. NARSAPPA S/O EDEPPA, AGED ABOUT 66 YEARS, OCC: AGRICULTURE, 2. NAGAPPA S/O JAMBAYYA, AGE: 69 YEARS, OCC: AGRICULTURE, 3. THIMAPPA S/O YELLAMMA, AGE: 62 YEARS, OCC: AGRICULTURE, 4. NARSIMHLU S/O HANUMANTHU, AGE: 59 YEARS, OCC: AGRICULTURE, ALL ARE R/O BAPUR VILLAGE, RAICHUR, TQ: AND DIST: RAICHUR-584 106.

…PETITIONERS (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)

AND:

SMT. HULIGAMMA W/O YERRANNA SAVARI, SINCE DEAD BY LRS., 1. SMT. KODAMANI PADMAMMMA D/O LATE HULIGAMMA W/O YERRA SAVARI, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, R/O VEERAPURAM, GADWAL MANDAL, DIST. MAHBUBNAGAR, TQ: TELANGANA STATE-509 125.

2. SMT. GOLLA SAVARAMMA D/O LATE HULIGAMMA W/O GOVINDU, AGED ABOUT 46 YEARS, OCC: AGRICULTURE, R/O VEERAPURAM GADWAL MANDAL, DIST: MAHBUBNAGAR, TELANGANA STATE-509 125.

3. SMT. GOLLA ANUSUYAMMA D/O LATE HULIGAMMA W/O PEDDA SAVARI, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, R/O VEERAPURAM, GADWAL MANDAL, DIST: MAHBUBNAGAR, TELANGANA STATE-509 125.

4. SRI. GOVINDU S/O SAVARAPPA, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/O BAPUR VILLAGE, RAICHUR, TQ: AND DIST: RAICHUR-584 106.

5. SMT. YENKAMMA W/O SAVARAPPA, AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/O BAPUR VILLAGE, RAICHUR, TQ: AND DIST: RAICHUR-584 106.

…RESPONDENTS (BY SRI GANESH S. KALBURGI, ADVOCATE FOR R4 AND R5;

R1 TO R3 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 17.01.2023, PASSED IN O.S. NO.121/2016, BY THE C/C III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT RAICHUR, VIDE ANNEXURE-A, CONSEQUENTLY ALLOW THE APPLICATION FILED U/O XIV RULE 5 READ WITH 151 OF THE CPC, IN IA NO.6.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER Defendant Nos.3, 4, 5 and 6 in O.S. No.121/2016 on the file of III Additional Senior Civil Judge and JMFC, Raichur are before this Court challenging the correctness of an order dated 17.01.2023, by which, an application filed by them under Order XIV Rule 5 of Code of Civil Procedure was rejected.

2. The suit in O.S.No.121/2016 was filed for declaration of title of the plaintiff to the suit properties and for recovery of possession. The plaintiff contended that the suit property belonged to her ancestors. She contended that a Tobacco company was established at Yemmiganoor and therefore, her father and grandfather migrated to Yemmiganoor. While leaving the village, they asked defendant Nos.3 to 6 to cultivate the suit lands and to share the crops. Defendant Nos.3 to 6 were therefore cultivating the suit properties with the permission of the father of the plaintiff. The plaintiff claimed defendant Nos.1 and 2 were strangers and were not concerned with the suit properties in any manner whatsoever. The plaintiff claimed that defendant Nos.1 and 2 got the revenue records transferred to their names, claiming to be the legal heirs of the father of the plaintiff and thereafter brought about several revenue records. The plaintiff therefore claimed that she is entitled to a declaration that she is the owner of the suit properties and for eviction of the defendants from the suit properties and for rectification of the revenue records.

3. Defendant Nos.1 and 2 contested the suit and laid a claim to the suit properties and denied the claim of the plaintiff. Defendant Nos.3 to 6 admitted that they were in permissive possession of the suit properties. Based on these contentions, the Trial Court framed the following issues:

“1. Whether the plaintiff proves that she has acquired the right of ownership over the suit properties?

2. Whether the plaintiff is entitled for the recovery of possession of the suit properties from defendants?

3. Whether the defendant proves th