IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 683 OF 2019 (DEC/INJ)

BETWEEN:

1. SRI. HANUMANTHARAYAPPA S/O LATE RANGAPPA, AGED ABOUT 77 YEARS

2. SMT. MANJAMMA D/O HANUMANTHARAYAPPA W/O SIDDAGANGAPPA AGED ABOUT 42 YEARS BOTH ARE RESIDENTS OF MALLENAHALLI, KASABA HOBLI, TUMAKURU TALUK AND DISTRICT-572 128.

3. SMT. GOWRAMMA D/O HANUMANTHARAYAPPA Digitally signed W/O YOGANAND by PANKAJA S AGED ABOUT 35 YEARS, Location: HIGH COURT OF R/O GATTALAHALLI, KARNATAKA KORATAGERE TALUK, TUMKURU DISTRICT-572 129.

4. SMT. PUSHPA D/O HANUMANTHARAYAPPA W/O NAGARAJ AGED ABOUT 35 YEARS, KORATAGERE TALUK, TUMAKURU DISTRICT-572 129.

…APPELLANTS (BY SRI. M.B. CHANDRACHOODA, ADVOCATE)

AND:

1. SRI. HANUMANTHA S/O LATE ANJINI AGED ABOUT 38 YEARS

2. SHAKUNTHALA D/O LATE ANJINI AGED ABOUT 29 YEARS

3. LAKSHMI D/O ALTE ANJINI AGED ABOUT 27 YEARS RESPONDENTS NO.1 TO 3 ARE RESIDENTS OF ANNENAHALLI VILLAGE KORA HOBI, TUMAKURU TALUK AND DISTRICT-572 128.

4. SRI. SIDDARAJU S/O LATE BHEEMAIAH AGED ABOUT 29 YEARS. 5. SRI. SHIVANANDA S/O LATE BHEEMAIAH AGED ABOUT 26 YEARS

6. SMT. LAKSHMIDEVAMMA W/O LATE HANUMANTHAPPA AGED ABOUT 71 YEARS.

7. SRI. GANGARAJU S/O LATE HANUMANTHAPPA AGED ABOUT 36 YEARS

8. SRI. HARISH S/O LATE HANUMANTHAPPA AGED ABOUT 31 YEARS.

9. SRI. HANUMANTHARAJU S/O LATE HANUMANTHAPPA AGED ABOUT 31 YEARS

10. SRI. OBALI S/O LATE HANUMANTHAPPA AGED ABOUT 26 YEARS RESPONDENTS NO.4 TO 10 ARE RESIDENTS OF ANNENAHALLI VILLAGE KORA HOBI, TUMAKURU TALUK AND DISTRICT-572 128.

…RESPONDENTS (BY SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R1 TO R10)

THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.01.2019 PASSED IN R.A.NO.50/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.01.2016 PASSED IN OS.NO.467/2012 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC-

5 TUMKUR.

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

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

1. This second appeal is by the plaintiffs.

2. The plaintiffs have filed the suit for declaration and permanent injunction against the defendants seeking to declare the plaintiffs as the absolute owner in possession of the suit schedule property and restrain the defendants from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule property.

3. It is the case of the plaintiffs that plaintiff No.1 - Hanumantharayappa and his sister namely Chikkamma had jointly purchased land measuring 3 acres 12 guntas in Sy.No.5 situated at Annenahalli Village, Kora Hobli, Tumakuru Taluk (for brevity, 'the suit schedule property') vide registered Sale Deed dated 26.12.1968 from one Lakshminarasappa and Channappa and ever since, the were in joint possession and enjoyment of suit schedule property. Hanumantharayappa had married Sanjeevamma, the only daughter of his sister - Chikkamma. Plaintiffs 2 to 4 were their children. After the death of Chikkamma and Sanjeevamma, plaintiffs were in joint possession and enjoyment of the suit schedule property. However, the defendants, without having any right, title, interest or possession, interfered with the plaintiffs' possession over the suit schedule property. As such, the plaintiffs' filed the suit.

4. On service of summons, though the defendants appeared, they failed to file the written statement and contest the matter.

5. The Trial Court, after considering the pleadings, framed relevant issues and after examining, the evidence in detail, dismissed the suit.

6. On appeal by the plaintiffs, the First Appellate Court, upon re-appreciation of evidence, affirmed the judgment and decree of the Trial Court and dismissed the appeal.

Challenge to the same is lis before this Court.

7. I have heard Sri M.B.Chandrachook, learned counsel for the appellants/plaintiffs and Sri A.V.Gangadharappa, learned cou