IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2007 OF 2013 (DEC)

BETWEEN:

1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE 560 001

2. THE DEPUTY CONSERVATOR OF FOREST SAGAR DIVISION SAGAR 577 401

3. THE RANGE FOREST OFFICER Digita lly SHIRALAKOPPA RANGE, SHIRALAKOPPA signed by SHIKARIPURA TALUK - 577 428 SUNITHA K S Location:

4. K K GANGADHARA HIGH COURT OF DEPUTY CONSERVATOR OF FOREST KARNATAKA ECOLOGY AND RESEARCH AND WESTERN FOREST AND ENVIRONMENTAL PROJECT

5TH FLOOR, MANAVIKASA, MALLESHWARAM BANGALORE 560 003 …APPELLANTS (BY SRI. B.J.ESHWARAPPA, ADV.)

AND:

N C DAYANANDA GOWDA S/O CHANDRASHEKARA GOWDA AGED ABOUT 48 YEARS AGRICULTURIST R/O HALENELLIKOPPA VILLAGE ANAVATTI HOBLI SORABA TALUK SHIMOGA DISTRICT PIN 577 429 …RESPONDENT (BY SRI. PULAKESHI A P, ADV.)

RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 8.1.2013 PASSED IN R.A.NO.367/2009 ON THE FILE OF ADDITIONAL DISTRICT JUDGE, SHIMOGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 27.8.2009 PASSED IN OS.NO.53/2007 ON THE FILE OF CIVIL JUDGE (SR.DN.) AND JMFC, SORAB.

THIS APPEAL, COMING ON FOR HEARING, 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 State challenging the judgment and decree dated 08.01.2013 passed in R.A.No.367/2009 by the learned Additional District Judge, Shimoga.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the defendants, and the respondents were the plaintiffs. The plaintiff filed a suit for recovery of money for damages against the defendants.

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

It is the case of the plaintiff that the suit schedule property bearing Khata No.27 of Nellikoppa village is the ancestral property of the plaintiff. It was earlier recorded in the name of his grandfather Veerappa Gowda. The son of Veerappa Gowda is Chandrasekharagowda, who had been missing since 24 years. The plaintiff, for his siblings, was the manager of the joint family. The plaintiff and his family members are the joint owners and in possession of the property bearing Katha No.27. The same does not belongs to the Forest Department. There was an ancestral house in the said property, which was collapsed about 50 years back. There was a Honne tree in the said property No.27 and somebody attempted to cut and removed the said tree in 1988. They cut the tree into eight portion. The criminal case was registered, in crime No.78/88. The plaintiff demanded for handing over the said logs, but defendant No.4, was working as Deputy Conservator of Forest, had unlawfully used two big logs for his personal use and accounted only six to the record. The other two logs personally utilised by defendant No.4, carried the value and the total value was Rs.54,830/-. There was a demand by the Forest Officer that he shall not claim the value of two timber logs and with that condition, they would pay the money. There was no payment of the value of the timber worth Rs.94,579/-. Hence, the plaintiff filed this suit seeking declaration that the plaintiff is the owner of the property bearing Katha No.27 of Nellikoppa village and is entitled for Rs.94,579/-.

3.1. Defendant Nos.1 to 3 represented by the learned Government Advocate and filed a written statement denying the averments made in the plaint, that there is no village in existence called 'Halenellikoppa', as it is a Bechuru village and hence, it is in the ownership of the Government and there was no grant of any area of the Bechuru village. Hence, prays to dismiss the suit.

3.2. The Trial Court, based on the above said pleadings, framed the following issues:

1) Whether the plaintiff proves that he is the owner in possession of the suit schedule property 8 Honne timber logs worth Rs.94,57