IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 256 OF 2022 (DEC/INJ)

BETWEEN:

MURTHOJAKHAN @ MUSTAK S/O KAREEMKHAN AGED ABOUT 78 YEARS R/AT UDUGANI VILLAGE SHIKARIPURA TQ SHIVAMOGGA DISTRICT - 577428 …APPELLANT (BY SMT. N.S. JAYASHREE, ADVOCATE)

AND:

1. DILSHAD BEGUM Digitally W/O SHAFFIULLAKHAN signed by SUNITHA K S AGED ABOUT 32 YEARS Location:

HIGH COURT 2. ADILKHAN OF S/O SHAFFIULLKHAN KARNATAKA AGED ABOUT 32 YEARS

3. THOFFIKKHAN S/O SHAFFIULLLAKHAN AGED ABOUT 22 YEARS

4. FERMANKHAN S/O SHAFFIULLAKHAN AGED ABOUT 23 YEARS

5. MUSTHARI BEGUM S/O AJEDKHAN AGED ABOUT 63 YEARS 6. KURSHIDA BEGUM D/O AJEEJKHAN AGED ABOUT 61 YEARS

7. DILSHAD BEGUM D/O AJEEDKHAN AGED ABOUT 54 YEARS

8. SHAMIULLAKHAN S/O AJEEJKHAN AGED 52 YEARS 9. HABIBULLA S/O AJEEJKHAN AGE ABOUT 50 YEARS ALL ARE R/AT K R PURAM EXTENSION NEAR M G GARAGE SHIVAMOGGA 577201 …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 15.12.2021 PASSED IN RA.No.25/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.08.2019 PASSED IN OS.No.107/2008 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIKARIPURA.

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

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 15.12.2021, passed in R.A.No.25/2019 by the learned Senior Civil Judge & JMFC, Shikaripura, and the judgment and decree dated 20.8.2019 passed in O.S.No.107/2008 by the learned I Additional Civil Judge and JMFC, Shikaripura.

2. For convenience, the parties are referred to, based on their ranking before the trial Court. The appellant was defendant No.1, and the respondents were the plaintiffs.

3. Brief facts, leading rise to the filing of this appeal are as follows:

The plaintiffs filed a suit against the defendants for a declaration, to declare that they are the rightful owners of the suit schedule property, and sought the relief of permanent injunction restraining the defendants not to interfere, obstruct the plaintiffs to do agricultural works, and with the peaceful possession and enjoyment of the suit schedule property. The plaintiffs, are the absolute owners in possession of the suit schedule property. The suit schedule property was granted to one Abdul Basheer Sab. The said landed property was purchased by one Azeez khan S/o Haji Khan from Abdul Basheer Sab on 1.6.1951, for a valuable consideration and all the revenue records stands in the name of Azeez Khan and he was in peaceful possession, and enjoyment of the schedule property. It is contended that, the propositus of the plaintiffs, by name Azeez khan s/o. Haji Khan, died on 20.3.1972, leaving behind the plaintiffs as Class I legal heirs, and after his demise, the plaintiffs, being the Class I heirs, have succeeded to the estate of their father. Defendant No.1 and 2 raised the objections claiming their rights over the suit schedule property .

3.1. Azeez khan was the permanent resident of Hudugene Village, Shikaripura Taluk. It is contended that defendants No.1 and 2 are the relatives of the plaintiffs, and are living separately. During the life time of Haji Khan, he begotten two sons, by name Khadar Khan and Murthuja Khan, and he had a second wife by the name, of Rakeja Bi, and they begotten three sons, by the name of Azeez khan (propositus of the plaintiffs ), Karim Khan and Hameed Khan. It is contended that defendants No.1 and 2 are the children of Azeez khan’s brothers. During the lifetime of the propositus-Azeez Khan, he was living separately with his family, and he was in possession and enjoyment of the suit schedule property, which was purchased by the late Azeez Khan in his individual capacity out of his hard earnings and individual income. Defendant No.1 i