IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.907 OF 2022 (INJ)

BETWEEN:

1. CHANDRAPPA, S/O PULLOJI RAO, AGED ABOUT 53 YEARS, R/O SURAGAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 427.

…APPELLANT (BY SRI. RAJENDRA M.S., ADVOCATE)

AND:

1. SMT. GOWRAMMA, W/O MR. SHEKARAPPA, Digitally signed AGED ABOUT 38 YEARS, by DEVIKA M R/O CHIKKAJOGIHALLI VILLAGE, Location: H IGH SHIKARIPURA TALUK, COURT OF SHIVAMOGGA DISTRICT-577 427.

KARNATAKA …RESPONDENT (BY SRI. MAHESH R. UPPIN, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.12.2020 PASSED IN R.A.NO.10/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.04.2019 PASSED IN O.S.NO.110/2004 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, SHIKARIPURA.

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

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

ORAL JUDGMENT

This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for the respondent.

2. This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.

3. The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.110/2004 while seeking the relief of perpetual injunction, it is contented that she is the lawful owner and in possession and enjoyment of the suit schedule property and the same is the ancestral property of the brother of her husband by name Sanganna Basappa and she is in possession of the suit schedule property after the death of the said Sanganna Basappa. The khatha and RTC stands in the name of the plaintiff and she is growing maize crop and paying taxes to the Government and the defendants without having any right, title, interest or possession over the suit property, came near the suit property on 01.07.2004 and made an attempt to stop the plaintiff and her workers from working in the suit schedule property and the plaintiff managed to prevent the illegal interference of the defendants and hence prayed the Court to grant the relief of permanent injunction.

4. In pursuance of the suit summons, defendant Nos.1 and 2 entered appearance and defendant No.1 filed written statement and the same was adopted by defendant No.2. The defendants in the written statement denied the plaint averments and contended that the land bearing Sy.No.6/2 measuring 2 acres 24 guntas is a dry land and one Sri Mallappa S/o Budyappa Bangari, on the basis of inheritance, succeeded to the property from his forefather as the said property was an ancestral joint family property. It is contended that the said Mallappa along with his two sons namely, Sanganna Basappa and Shekharappa had constituted an undivided joint Hindu family and Mallappa was acting as manager and kartha of the family. He died leaving behind his two sons and the joint family status continued by his two sons and the khatha in respect of the said property was made in the name of elder son of Mallappa by name Sanganna Basappa in the year 1943-44. It is contended that though the name of Sanganna Basappa remained as khathedar, one Sanna Durgoji S/o Ranoji, resident of Suragihalli Village, cultivated the said land as a tenant and the said Sanna Durgoji is none other than the maternal grandfather of defendant No.1 and the name of maternal grandfather of defendant No.1 continued in RTC upto 1975-76.

5. It is also contended that the said Sanna Durgoji died in the year 1976 leaving behind three daughters and one son by name Pulloji Rao. It is contended that the said Pulloji Rao is the father of defendant No.1 and the father of defendant No.1 pre-deceased his wife Smt. Nagavva and the name of Nagavva came to be entered in column No.12 of the RTC for the year 1978-1979 and in the cultivators column, the name of one Mallarappa S/o