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HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1243 OF 2007 (DEC)
C/W REGULAR SECOND APPEAL NO. 699 OF 2007 IN RSA No. 1243/2007 BETWEEN:
1. SHIVANNA S/O SIDDAPPAAGED, SINCE DECEASED BY HIS LRS.
1A. SMT. LALITAMMA W/O. LATE SHIVANNA, SINCE DECEASED A2 AND A3 ARE TREATED AS LRS OF A1(A)
1B. RAJESHWARI D/O. LATE SHIVANNA W/O. SHASHIKUMAR, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: MALLINAHALLI VILLAGE, HADIKERE POST, TARIKERE TQ, CHIKKAMAGALORE DISTRICT.
1C. PRATHIBHA N.S. D/O LATE SHIVANNA AGE: 20 YEARS, Digitally signed by R/O: NERALEKERE VILLAGE, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH AMRUTHAPURA HOBLI, TARIKERE TQ, COURT OF K D A H R A N R A W T A A D K A BENCH CHIKKAMAGALORE DISTRICT.
2. KUMAR S/O ARIYAPPAAGED, ABOUT 50 YEARS, OCC:AGRICULTURE, R/O: NERALEKERE VILLAGE, AMRUTHAPURA HOBLI, THARIKERE TALUK, CHIKKAMAGALORE DISTRICT – 577 101.
…APPELLANTS (BY SRI, SYED AKBAR PASHA, ADVOCATE FOR SRI. MAHANTESH S. HOSMATH, ADVOCATE;
V/O/DATED 11.02.2016 A1(B AND C) ARE TREATED AS LRS A1(A))
HC-KAR AND:
1. N. C. CHANNABASAPPA S/O. LATE CHIKKANNAAGED, ABOUT 49 YEARS, OCC:AGRICULTURE, R/O: NERALEKERE VILLAGE, AMRUTHAPURA HOBLI, THARIKERE TALUK, CHIKKAMAGALORE DISTRICT – 577 101.
2. HITHALAMANE BASAPPA S/O. GIRIYAPPA, AGED ABOUT 73 YEARS, OCC:AGRICULTURE, SINCE DEAD BY HIS LRS
2A. GANGAMMA W/O. LATE HITHALAMANE BASAPPA, * DELETED AGED ABOUT 66 YEARS, V/O/DATED R/O NERALAKEREVILLAGE, AMRUTHAPURA
07.01.2010 HOBLITARIKERE TALUK
2B. NAGAMMA W/O. SHANKARAPPA D/O HITHALAMANE BASAPPA, AGED ABOUT 46 YEARS, R/O: JALADIHALLI VILLAGE SHIVANI HOBLI, TARIKERE TALUK.
2C. GIRIYAMMA W/O. SHANKARAPPA D/O HITHALAMANE BASAPPA, AGED ABOUT 44 YEARS, R/O: JALADIHALLI VILLAGE SHIVANI HOBLI, TARIKERE TALUK.
2D. PADMAVATHAMMA W/O MANJAPPA D/O HITHALAMANE BASAPPA, AGED ABOUT 41 YEARS, R/O: JALADIHALLI VILLAGE SHIVANI HOBLI, TARIKERE TALUK.
3. HITHALAMANE ARIYAPPA S/O. GIRIYAPPA, AGED ABOUT 78 YEARS, OCC:AGRICULTURE, * DELETED V/O/DATED R/O: NERALAKERE VILLAGE, AMRUTHAPURA HOBLI, 07.01.2010 TARIKERE TALUK.
4. HITHALAMANE ESHWARAPPA S/O. GIRIYAPPA, SINCE DECEASED BY HIS LRS.
4A. SMT. KALAMMA W/O. LATE HITLAMANE ESHWARAPPA, AGED ABOUT 83 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
HC-KAR
4B. RATHNAMMA W/O MALLIKARJUNAPPA D/O LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 54 YEARS, CHANNAPURA SARASWATIPURA POST, KADUR TALUK, CHIKMAGALURU DIST.
4C. PARATHAMMA W/O. CHANDRAPPA D/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
4D. PARATHAMMA W/O. MAHESHWARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS CHIKKAMAGALURU POST, CHIKKAMAGALURU, KADUR TALUK, CHIKMAGALURU DIST.
4E. SHANTHA W/O KUMARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 47 YEARS, ITTIGE VILLAGE, TARIKERE TQ, CHIKMAGALURU DIST.
4F. N.E.THIPPESHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 45 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
4G. N.E.PRAKASHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
5. R. PARVATAPPA S/O. YANAPPA RUDRAPPA.
AGED ABOUT 53 YEARS, R/O: NERALAKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK.
6. N C MALLAIAH S/O. CHICKKANNA, SINCE DEAD BY HIS LRS.
6A. SMT. MANGALAMMA W/O. N. C. MALLAIAH, AGED ABOUT 64 YEARS.
HC-KAR
6B. N. M. KUMARASWAMY S/O. N. C. MALLAIAH, AGED ABOUT 44 YEARS, 6A AND 6B ARE R/O: UPSTAIRS SBM VINOBHA NAGARA BRANCH SHIMOGA. 7. SAKAMMA W/O. ARIYAPPA N. C., AGED ABOUT 64 YEARS, OCC:HOUSEHOLD WORK, R/O: BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT.
…RESPONDENTS (BY SRI. N. SHANT KUMAR, ADVOCATE FOR SRI. B. RAVINDRAPRASAD, ADVOCATE FOR R1;
SRI. AJAY KUMAR, ADVCATE FOR SRI. M. RUDRAIAH, ADVOCATE FOR R5; V/O/DATED 07.01.2010 R2(A) DELETED;
R2(B-D) TREATED AS LRS OF R2(A);
V/O/DATED 18.12.2014 R3 IS DELETED;
V/O/DATED 04.03.2022 R4(B TO G) ARE TREAETD AS LRS OF R4(A);
R2(B TO D), R4 (A TO G), R6 (A TO B), R7 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 30.11.2006 PASSED IN R.A.NO. 36/2000 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, TARIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 15.4.2000 PASSED IN OS.NO. 54/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) &
ADDL. JMFC, TARIKERE AND ETC., IN RSA NO. 699/2007 BETWEEN:
SRI. R. PARVATAPPA S/O.YANAPPA RUDRAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TQ, CHICKMAGALUR DIST.
...APPELLANT (BY SRI. AJAY KUMAR M., ADVOCATE FOR SRI. M. RUDRAIAH, ADVOCATE)
HC-KAR AND:
1. MR. N. C. CHANNABASAPPA, S/O .LATE CHICKKANNA, AGED ABOUT 55 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TALUK, CHICKMAGALUR DIST.
2. S SHIVANNA S/O.SIDDAPPA, SINCE DECEASED BY HIS LRS.
2A. SMT. LALITAMMA W/O. LATE SHIVANNA, AGED ABOUT 50 YERS, R/O: NERALAKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK.
CHIKKAMAGALORE DISTRICT.
2B. RAJESHWARI D/O. LATE SHIVANNA W/O. SHASHIKUMAR, AGE: 27 YEARS, R/O: MALLINAHALLI VILLAGE, HADIKERE POST, TARIKERE TQ, CHIKKAMAGALORE DISTRICT.
2C. PRATHIBHA N.S. D/O LATE SHIVANNA AGE: 20 YEARS, R/O: NERALEKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TQ, CHIKKAMAGALORE DISTRICT.
3. SRI. KUMARA S/O.ARIYAPPA, AGED ABOUT 49 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TALUK, CHICKMAGALUR DIST.
4. A RAJAPPA S/O.ARIYAPPA, AGED ABOUT 53 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TALUK, CHICKMAGALUR DIST.
5. HITHALAMANE BASAPPA DEAD BY HIS LRS.
5A. SMT. GANGAMMA W/O. LATE H. BASAPPA, SINCE DECEASED BY HIS LRS R5 (B) TO (D)
HC-KAR
5B. SMT. NAGAMMA W/O. SHANKARAPPA, D/O. LATE HITHALAMANE BASAPPA, AGED ABOUT 52 YEARS, R/AT.JALADHIHALLI VILLAGE, TARIKERE TALUK.
5C. SMT. GIRIJAMMA W/O SHANKARAPPA, D/O. LATE HITHALAMANE BASAPPA, AGED ABOUT 51 YEARS, R/AT.JALADHIHALLI VILLAGE, TARIKERE TALUK.
5D. PADMAVATHAMMA W/O MANJAPPA D/O.LATE HITHALAMANE BASAPPA, AGED ABOUT 48 YEARS, R/AT.KORATIGERE VILLAGE, TARIKERE TALUK.
6. SRI. HITHALAMANE ARIYAPPA S/O.GIRIYAPPA, SINCE ECEASED BY LRS R3 AND R4.
7. SRI. HITHALAMANE ESHWARAPPA SINCE DECEASED BY HIS LRS
7A. SMT. KALAMMA W/O. LATE HITLAMANE ESHWARAPPA, DEAD LRS 7(B) TO (G)
7B. RATHNAMMA W/O MALLIKARJUNAPPA D/O LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 54 YEARS, CHANNAPURA, SARASWATIPURA POST, KADUR TALUK, CHIKMAGALURU DIST.
7C. PARATHAMMA W/O. CHANDRAPPA D/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
7D. PARATHAMMA W/O. MAHESHWARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS, CHIKKAMAGALURU POST, CHIKKAMAGALURU, KADUR TALUK, CHIKMAGALURU DIST.
HC-KAR
7E. SHANTHA W/O KUMARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 47 YEARS, ITTIGE VILLAGE, TARIKERE TQ, CHIKMAGALURU DIST.
7F. N.E.THIPPESHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 45 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
7G. N.E.PRAKASHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 40 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
8. SRI. N. C. MALLAIAH S/O. CHICKKANNA DEAD BY HIS LRS
8A. MANGALAMMA W/O. LATE SRI. N. C. MALLAIAH, AGED ABOUT 71 YEARSRESIDING IN UPSTAIRS, S B M VINOBHANAGARA BRANCH, SHIMOGA.
8B. SRI. N. M. KUMARASWAMY S/O.LATE N C MALLAIAH, AGED ABOUT 51 YEARSRESIDING IN UPSTAIRS, S B M BANK VINOBHANAGAR BRANCH SHIMOGA.
9. SAKAMMA W/O.ARIYAPPA N C., AGED ABOUT 71 YEARS, RESIDING AT BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHICKMAGALUR DIST.
…RESPONDENTS (BY SRI. N. SHANT KUMAR, ADVOCATE FOR SRI. M.S. RAJENDRA, ADVOCATE FOR R1;
SRI. SYED AKBAR PASHA, ADVCATE FOR SRI. MAHANTESH S. HOSAMATH, ADVOCATE FOR R2 AND R3;
V/O/DATED 28.11.2009 R5(B-D) ARE TREATED AS LRS OF R5A;
R2(B-D) TREATED AS LRS OF R2(A);
V/O/DATED 11.02.2016 R3 AND R4 ARE TREATED AS LRS DECEASED R6;
V/O/DATED 03.01.2023 R7(B TO G) ARE TREAETD AS LRS OF R7(A);
HC-KAR R2B, R4A, R5 (B TO D), R7( B TO G), R8 (A – B) & R9 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 30.11.2006 PASSED IN R.A.NO.36/2000 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, TARIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 15.4.2000 PASSED IN OS.NO. 54/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) &
ADDL. JMFC, TARIKERE AND ETC.
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24TH JULY, 2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1243 OF 2007 (DEC)
C/W REGULAR SECOND APPEAL NO. 699 OF 2007 IN RSA No. 1243/2007 BETWEEN:
11. SHIVANNA S/O SIDDAPPAAGED, SINCE DECEASED BY HIS LRS.
1A. SMT. LALITAMMA W/O. LATE SHIVANNA, SINCE DECEASED A2 AND A3 ARE TREATED AS LRS OF A1(A)
1B. RAJESHWARI D/O. LATE SHIVANNA W/O. SHASHIKUMAR, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: MALLINAHALLI VILLAGE, HADIKERE POST, TARIKERE TQ, CHIKKAMAGALORE DISTRICT.
1C. PRATHIBHA N.S. D/O LATE SHIVANNA AGE: 20 YEARS, Digitally signed by R/O: NERALEKERE VILLAGE, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH AMRUTHAPURA HOBLI, TARIKERE TQ, COURT OF K D A H R A N R A W T A A D K A BENCH CHIKKAMAGALORE DISTRICT.
2. KUMAR S/O ARIYAPPAAGED, ABOUT 50 YEARS, OCC:AGRICULTURE, R/O: NERALEKERE VILLAGE, AMRUTHAPURA HOBLI, THARIKERE TALUK, CHIKKAMAGALORE DISTRICT – 577 101.
…APPELLANTS (BY SRI, SYED AKBAR PASHA, ADVOCATE FOR SRI. MAHANTESH S. HOSMATH, ADVOCATE;
V/O/DATED 11.02.2016 A1(B AND C) ARE TREATED AS LRS A1(A))
AND:
1. N. C. CHANNABASAPPA S/O. LATE CHIKKANNAAGED, ABOUT 49 YEARS, OCC:AGRICULTURE, R/O: NERALEKERE VILLAGE, AMRUTHAPURA HOBLI, THARIKERE TALUK, CHIKKAMAGALORE DISTRICT – 577 101.
22. HITHALAMANE BASAPPA S/O. GIRIYAPPA, AGED ABOUT 73 YEARS, OCC:AGRICULTURE, SINCE DEAD BY HIS LRS
2A. GANGAMMA W/O. LATE HITHALAMANE BASAPPA, * DELETED AGED ABOUT 66 YEARS, V/O/DATED R/O NERALAKEREVILLAGE, AMRUTHAPURA
07.01.2010 HOBLITARIKERE TALUK
2B. NAGAMMA W/O. SHANKARAPPA D/O HITHALAMANE BASAPPA, AGED ABOUT 46 YEARS, R/O: JALADIHALLI VILLAGE SHIVANI HOBLI, TARIKERE TALUK.
2C. GIRIYAMMA W/O. SHANKARAPPA D/O HITHALAMANE BASAPPA, AGED ABOUT 44 YEARS, R/O: JALADIHALLI VILLAGE SHIVANI HOBLI, TARIKERE TALUK.
2D. PADMAVATHAMMA W/O MANJAPPA D/O HITHALAMANE BASAPPA, AGED ABOUT 41 YEARS, R/O: JALADIHALLI VILLAGE SHIVANI HOBLI, TARIKERE TALUK.
33. HITHALAMANE ARIYAPPA S/O. GIRIYAPPA, AGED ABOUT 78 YEARS, OCC:AGRICULTURE, * DELETED V/O/DATED R/O: NERALAKERE VILLAGE, AMRUTHAPURA HOBLI, 07.01.2010 TARIKERE TALUK.
44. HITHALAMANE ESHWARAPPA S/O. GIRIYAPPA, SINCE DECEASED BY HIS LRS.
4A. SMT. KALAMMA W/O. LATE HITLAMANE ESHWARAPPA, AGED ABOUT 83 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
4B. RATHNAMMA W/O MALLIKARJUNAPPA D/O LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 54 YEARS, CHANNAPURA SARASWATIPURA POST, KADUR TALUK, CHIKMAGALURU DIST.
4C. PARATHAMMA W/O. CHANDRAPPA D/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
4D. PARATHAMMA W/O. MAHESHWARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS CHIKKAMAGALURU POST, CHIKKAMAGALURU, KADUR TALUK, CHIKMAGALURU DIST.
4E. SHANTHA W/O KUMARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 47 YEARS, ITTIGE VILLAGE, TARIKERE TQ, CHIKMAGALURU DIST.
4F. N.E.THIPPESHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 45 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
4G. N.E.PRAKASHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
55. R. PARVATAPPA S/O. YANAPPA RUDRAPPA.
AGED ABOUT 53 YEARS, R/O: NERALAKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK.
66. N C MALLAIAH S/O. CHICKKANNA, SINCE DEAD BY HIS LRS.
6A. SMT. MANGALAMMA W/O. N. C. MALLAIAH, AGED ABOUT 64 YEARS.
6B. N. M. KUMARASWAMY S/O. N. C. MALLAIAH, AGED ABOUT 44 YEARS, 6A AND 6B ARE R/O: UPSTAIRS SBM VINOBHA NAGARA BRANCH SHIMOGA. 7. SAKAMMA W/O. ARIYAPPA N. C., AGED ABOUT 64 YEARS, OCC:HOUSEHOLD WORK, R/O: BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT.
…RESPONDENTS (BY SRI. N. SHANT KUMAR, ADVOCATE FOR SRI. B. RAVINDRAPRASAD, ADVOCATE FOR R1;
SRI. AJAY KUMAR, ADVCATE FOR SRI. M. RUDRAIAH, ADVOCATE FOR R5; V/O/DATED 07.01.2010 R2(A) DELETED;
R2(B-D) TREATED AS LRS OF R2(A);
V/O/DATED 18.12.2014 R3 IS DELETED;
V/O/DATED 04.03.2022 R4(B TO G) ARE TREAETD AS LRS OF R4(A);
R2(B TO D), R4 (A TO G), R6 (A TO B), R7 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 30.11.2006 PASSED IN R.A.NO. 36/2000 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, TARIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 15.4.2000 PASSED IN OS.NO. 54/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) &
ADDL. JMFC, TARIKERE AND ETC., IN RSA NO. 699/2007 BETWEEN:
SRI. R. PARVATAPPA S/O.YANAPPA RUDRAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TQ, CHICKMAGALUR DIST.
...APPELLANT (BY SRI. AJAY KUMAR M., ADVOCATE FOR SRI. M. RUDRAIAH, ADVOCATE)
AND:
1. MR. N. C. CHANNABASAPPA, S/O .LATE CHICKKANNA, AGED ABOUT 55 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TALUK, CHICKMAGALUR DIST.
2. S SHIVANNA S/O.SIDDAPPA, SINCE DECEASED BY HIS LRS.
2A. SMT. LALITAMMA W/O. LATE SHIVANNA, AGED ABOUT 50 YERS, R/O: NERALAKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK.
CHIKKAMAGALORE DISTRICT.
2B. RAJESHWARI D/O. LATE SHIVANNA W/O. SHASHIKUMAR, AGE: 27 YEARS, R/O: MALLINAHALLI VILLAGE, HADIKERE POST, TARIKERE TQ, CHIKKAMAGALORE DISTRICT.
2C. PRATHIBHA N.S. D/O LATE SHIVANNA AGE: 20 YEARS, R/O: NERALEKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TQ, CHIKKAMAGALORE DISTRICT.
3. SRI. KUMARA S/O.ARIYAPPA, AGED ABOUT 49 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TALUK, CHICKMAGALUR DIST.
4. A RAJAPPA S/O.ARIYAPPA, AGED ABOUT 53 YEARS, AGRICULTURIST, R/AT.NERALAKERE VILLAGE, TARIKERE TALUK, CHICKMAGALUR DIST.
5. HITHALAMANE BASAPPA DEAD BY HIS LRS.
5A. SMT. GANGAMMA W/O. LATE H. BASAPPA, SINCE DECEASED BY HIS LRS R5 (B) TO (D)
5B. SMT. NAGAMMA W/O. SHANKARAPPA, D/O. LATE HITHALAMANE BASAPPA, AGED ABOUT 52 YEARS, R/AT.JALADHIHALLI VILLAGE, TARIKERE TALUK.
5C. SMT. GIRIJAMMA W/O SHANKARAPPA, D/O. LATE HITHALAMANE BASAPPA, AGED ABOUT 51 YEARS, R/AT.JALADHIHALLI VILLAGE, TARIKERE TALUK.
5D. PADMAVATHAMMA W/O MANJAPPA D/O.LATE HITHALAMANE BASAPPA, AGED ABOUT 48 YEARS, R/AT.KORATIGERE VILLAGE, TARIKERE TALUK.
6. SRI. HITHALAMANE ARIYAPPA S/O.GIRIYAPPA, SINCE ECEASED BY LRS R3 AND R4.
77. SRI. HITHALAMANE ESHWARAPPA SINCE DECEASED BY HIS LRS
7A. SMT. KALAMMA W/O. LATE HITLAMANE ESHWARAPPA, DEAD LRS 7(B) TO (G)
7B. RATHNAMMA W/O MALLIKARJUNAPPA D/O LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 54 YEARS, CHANNAPURA, SARASWATIPURA POST, KADUR TALUK, CHIKMAGALURU DIST.
7C. PARATHAMMA W/O. CHANDRAPPA D/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
7D. PARATHAMMA W/O. MAHESHWARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 51 YEARS, CHIKKAMAGALURU POST, CHIKKAMAGALURU, KADUR TALUK, CHIKMAGALURU DIST.
7E. SHANTHA W/O KUMARAPPA D/O. HITHLAMANE ESHWARAPPA, AGED ABOUT 47 YEARS, ITTIGE VILLAGE, TARIKERE TQ, CHIKMAGALURU DIST.
7F. N.E.THIPPESHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 45 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
7G. N.E.PRAKASHA S/O. LATE HITHLAMANE ESHWARAPPA, AGED ABOUT 40 YEARS NERALKERE POST, NERALAKERE TARIKERE TALUK, CHIKMAGALURU DIST – 577 228.
88. SRI. N. C. MALLAIAH S/O. CHICKKANNA DEAD BY HIS LRS
8A. MANGALAMMA W/O. LATE SRI. N. C. MALLAIAH, AGED ABOUT 71 YEARSRESIDING IN UPSTAIRS, S B M VINOBHANAGARA BRANCH, SHIMOGA.
8B. SRI. N. M. KUMARASWAMY S/O.LATE N C MALLAIAH, AGED ABOUT 51 YEARSRESIDING IN UPSTAIRS, S B M BANK VINOBHANAGAR BRANCH SHIMOGA.
99. SAKAMMA W/O.ARIYAPPA N C., AGED ABOUT 71 YEARS, RESIDING AT BAVIKERE VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHICKMAGALUR DIST.
…RESPONDENTS (BY SRI. N. SHANT KUMAR, ADVOCATE FOR SRI. M.S. RAJENDRA, ADVOCATE FOR R1;
SRI. SYED AKBAR PASHA, ADVCATE FOR SRI. MAHANTESH S. HOSAMATH, ADVOCATE FOR R2 AND R3;
V/O/DATED 28.11.2009 R5(B-D) ARE TREATED AS LRS OF R5A;
R2(B-D) TREATED AS LRS OF R2(A);
V/O/DATED 11.02.2016 R3 AND R4 ARE TREATED AS LRS DECEASED R6;
V/O/DATED 03.01.2023 R7(B TO G) ARE TREAETD AS LRS OF R7(A);
R2B, R4A, R5 (B TO D), R7( B TO G), R8 (A – B) & R9 ARE SERVED)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 30.11.2006 PASSED IN R.A.NO.36/2000 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, TARIKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 15.4.2000 PASSED IN OS.NO. 54/1994 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) &
ADDL. JMFC, TARIKERE AND ETC.
THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24TH JULY, 2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CAV JUDGMENT
These appeals arise from divergent findings in a suit for declaration, rectification of records, injunction and for possession.
The plaintiff sought a declaration that the plaintiff, along with defendant No.8, is the joint owner and is in possession of the suit property, and defendants No.1 to 7 have no manner of right, title or possession in the suit property.
2. The plaintiff also sought rectification of M.R. No.26/1990-91 and M.R.No.27/1990-91 dated 30.08.1991, and sought a direction to restore the names of the plaintiff and defendant No.8 in the property records.
3. The plaintiff further sought possession of a farmhouse built by defendant No.7. In addition, the plaintiff sought a permanent injunction and damages at the rate of ₹50/- per month for use and occupation of the farmhouse till the delivery of possession.
4. The description of the suit property provided by the plaintiff reads as under:-
Land situated at Neralkere Village, Amruthapura Hobli, Tarikere Taluk, bearing Survey No.190/4 measuring 3 acres 11 guntas, including a Farm House in the North Eastern corner of the land measuring 60x30 feet. The boundaries of the Survey No.190/4, measuring 3 acres 11 guntas, are provided as under:-
"East by - Plaintiff's Survey No.189 and the Government land in Survey No.2,
West by - Land of Thimmanna S/o Naganna,
North by - Road
South by - Land of Puttana and plaintiff's land."
5. Defendants, 2 and 7, contested the suit. The rest of the defendants, though, appeared, did not contest the suit.
6. Defendant No.1 is said to have sold the property to Defendant No.2. Defendant No.7 claims to have purchased the property from Defendant No.9.
7. Defendant No.2 claimed right over 2 acres 5 guntas in Survey No.190/4P under the registered sale dated 24.07.1991. Defendant No.7 claimed right over the property bearing Survey No.190/4, measuring 10.5 guntas under a registered sale deed dated 06.03.1980.
8. The contesting defendants disputed the plaintiff's title. Contesting defendants also took a contention that the suit is time barred, as the relief of declaration is not sought within 3 years from the date of cause of action, which according to them arose in the year 1933 as the plaintiff’s father-Chikkanna is a signatory to the sale deed dated 27.01.1933, wherein, 4 acres 10 guntas in Survey No.190 is sold to one Puttanna. In addition it is also urged that the sale deed in the name of defendant No.7 was brought to the plaintiff’s knowledge in the earlier suit in O.S. No.89/1984 and defendant No. 7 as a witness produced the sale deed in his name and present suit is filed three years after the evidence was recorded in the earlier suit.
9. The Trial Court held that the contesting defendants are the owners of the portion of the property claimed by them, and also held that the suit is not in time; consequently dismissed the suit.
10. In addition to that, the Trial Court also held that the remaining holders of some portion of Survey No.190/4, which initially measured 4 acres 10 guntas, are not made parties.
11. On appeal filed by the plaintiff, First Appellate Court allowed the appeal and set aside Trial Court’s judgment and decree and held that the suit is in time and also held that the plaintiff is the owner of the suit schedule property and granted the decree as prayed for.
12. Defendants No.1 and 2 filed RSA No. 1243/2007 and defendant No.7 filed RSA No.699/2007.
13. These appeals were admitted on 10.04.2013 to answer the following substantial questions of law:
"1) Whether, in the facts and circumstances of the case, the appellate Court was justified in reversing the judgment and decree passed by the Trial Court in O.S. No.54/94 without properly considering Exhibits D7, D8, D13 and D23 and decreeing the Suit?
2) Whether the appellate Court was justified in holding that the suit is not barred by limitation?"
14. After considering the preliminary submissions and the records, this Court was of the view that two more substantial questions of law are t
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