IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 303 OF 2013 (INJ-)

BETWEEN:

SMT. JAYAMMA W/O LATE THIPPESWAMY, AGED ABOUT 37 YEARS, HOUSE HOLD WORK, R/O BEHIND BASAVESHWARA BODY BUILDERS, NEAR TOLLGATE, HOLALKERE ROAD, CHITRADURGA TOWN-577501.

Digit ally signed by …APPELLANT SUNITHA K S Location: (BY SRI. K R LINGARAJU, ADV., &

HIGH COURT OF KARNATAKA SMT. USHA LINGARAJU, ADV.)

AND:

AJJAPPA S/O JAGALOORAPPA, AGED ABOUT 57 YEARS, EMPLOYEE, KARNATAKA AGRO FOOD PRODUCTS LTD, HOLALKERE ROAD, CHITRADURGA-577501.

…RESPONDENT (BY SRI. B M SIDDAPPA.,ADVOCATE)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 3.11.2012 PASSED IN R.A.NO.9/2010 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 12.4.2010 PASSED IN OS.NO.233/2004 ON THE FILE OF THE II ADDL.

CIVIL JUDGE (JR.DN) & JMFC., CHITRADURGA.

THIS APPEAL, COMING ON FOR FINAL 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 appellant challenging the judgment and decree dated 03.11.2012 passed in R.A.No.9/2010 by the learned I Additional Senior Civil Judge, Chitradurga and the judgment and decree dated 12.04.2010 passed in O.S.No.233/2004 by the Learned II Additional Civil Judge, (Jr. Dvn.), Chitradurga.

2. For convenience, the parties are referred to, as per their rankings before the trial Court. The appellant was the plaintiff, and the respondent was the defendant.

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

The plaintiff filed a suit against the defendant for perpetual injunction restraining the defendant from interfering, and obstructing in peaceful possession and enjoyment over the suit schedule property. It is the case of the plaintiff that the suit property consists of a cement sheet house along with vacant site bearing property No.3352 assessment No.5139 measuring 40 feet north- south and 50 feet east-west, situated in 14^th ward near Tollgate, Halalkere Road, Chitradurga. It is contended that the plaintiff had constructed a house measuring 30 x 40 feet and the remaining portion of vacant site has been left for constructing a compound wall. It is contended that the plaintiff is residing in the said suit house along with her family members, and paying Kandayam to the CMC Chitradurga. It is contended that the defendant is the brother-in-law of her husband. The defendant has no right, title or interest over the suit schedule property. After the demise of her husband, the defendant is making the hectic efforts to occupy the property without any right, title or interest. The plaintiff got advised the defendant through the elders, but the same went in vain. Hence, a cause of action arose for the plaintiff to file a suit for perpetual injunction. Accordingly, prays to decree the suit.

3.1. The defendant filed a written statement denying the averments made in the plaint. It is denied that the plaintiff had constructed the residential house in the suit schedule property, and he is in peaceful possession and enjoyment over the suit schedule property. It is denied that the defendant has no right, title or interest over the suit schedule property. It is contended that there is no cause of action to file a suit. The defendant and the husband of the plaintiff, namely Tippeswamy are the only brothers born to Jagalurappa. It is contended that the defendant himself, and his brother effected a partition in the presence of elders on 17.06.1997. In the said partition, the suit property fell to the share of the defendant. The defendant is in possession and enjoyment over the suit schedule property. The plaintiff is aware about the partition effected between the defendant and her husband. Hence, on these grounds, prays to dismiss the suit

3.2. The Trial Court, based on the a