IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA REGULAR SECOND APPEAL NO. 1115 OF 2009 (INJ)

BETWEEN:

1. MUSALAPPA AGED ABOUT 64 YEARS, RETIRED TAHSILDAR, 2. BAKSHI AGED ABOUT 42 YEARS, RICE MERCHANT, 3. RAGHU S/O. SIDDAPPA, AGED ABOUT 37 YEARS, 4. SRINIVASA S/O. SIDDAPPA, AGED ABOUT 32 YEARS, 5. T. LOKANATH, Digitally signed EDITOR, SIDDINETRA WEKLY, by PRASHANTH N V CHALLAKERE - 577 522 Location: H igh Court of Karnataka 6. SMT. HANUMAKKA AGED ABOUT 67 YEARS, 7. K. SHIVAKUMAR, S/O. KUPPASWAMY, CHAKRAVARTHI WEEKLY, CHALLAKERE - 577 522 RESPONDENTS 3 TO 9 ARE RESIDENTS OF GANDHINAGAR, CHALLAKERE - 577 522 …APPELLANTS (BY SRI. B.M. SIDDAPPA, ADVOCATE)

AND:

1. SHAKIRA BI, W/O. CHMAN, AGED ABOUT 37 YEARS, RESIDENT OF GANDHINAGAR, CHALLAKERE TOWN - 577 522

2. TOWN MUNICIPAL COUNSEL, CHALLAKERE, R/BY CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, CHALLAKERE.

3. A.S. THIPPESWAMY S/O SIDDAPPA AGED ABOUT 45 YEARS, EX. MUNICIPAL COUNCILOR, GANDHINAGAR, CHALLEKERE …RESPONDENTS (BY SRI. K. RAM BHAT, ADVOCATE FOR R1 (AB)

R2 & 3 - SD/-)

THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 20.06.2009 PASSED IN R.A.129/2007 ON THE FILE OF THE CIVIL JUDGE, (SR. DN.), CHALLAKERE, ALLOWING THE APPEAL SETTING ASIDE JUDGMENT AND DECREE DATED: 29.09.2007 PASSED IN O.S.157/2005 ON THE FILE OF THE ADDL.

CIVIL JUDGE (JR. DN.), CHALLAKERE.

THIS RSA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL JUDGMENT

Defendant Nos. 3 to 9 in O.S.No.157/2005 on the file of the learned Additional Civil Judge (Jr.Dn.) Challakere (hereinafter referred to as the 'Trial Court') are impugning the judgment and decree dated 20.06.2009 passed in R.A.129/2007 on the file of the learned Civil Judge (Sr. Dn.) Challakere (hereinafter referred to as the 'First Appellate Court'), allowing the appeal by setting aside the judgment and decree dated 29.09.2007 passed by the Trial Court and thereby decreeing the suit of the plaintiff granting permanent injunction restraining the defendants from interfering with the peaceful possession of the plaintiff.

2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

3. Brief facts of the case are that, the plaintiff filed the suit against defendant Nos. 1 to 9, seeking permanent injunction in respect of the property fully described in the schedule as site No.50 bearing Khatha No.698/658/641 with assessment No.1671 situated in III block, Gandhinagara, Challakere, measuring 27x40 feet, with the boundaries mentioned therein (hereinafter referred to as the 'schedule property'). It is contended by the plaintiff that the scheduled property was originally belonging to one Thippeswamy s/o Kamajji. The said Thippeswamy sold the property in favour of one Jagadeesh under registered sale deed dated 21.11.2000. The said Jagadeesh son of Hanumanthappa sold the scheduled property in favour of one Smt.Veena wife of T.Veerendra under the registered sale deed dated 28.04.2003. The said Smt. Veena sold the scheduled property in favour of the plaintiff under the registered sale deed dated 05.12.2003. The khatha in respect of the scheduled property mutated in the name of the plaintiff in the records maintained by defendant No.1. 4. It is contended that, the plaintiff wanted to construct a residential house and got the plan approved, and the building license was also issued on 18.05.2005. Accordingly the plaintiff started putting up the foundation on the basis of license that was issued in her favour. The defendants in collusion with one another started interfering with the peaceful possession and enjoyment of the property. Defendant No.1 being the Town -Municipal Council, started interfering with the plaintiff's possession and enjoyment, without any basis and therefore, the cause of action for the suit arose and accordingly, the plaintiff filed the suit see