IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 2126 OF 2023 (DEC/INJ)

BETWEEN:

M.JAYARAMAIAH SINCE DEAD REPRESENTED BY HIS LRS

1. SMT. JAYALAKSHMI JAYARAM, W/O LATE M.JAYARAMAIAH, AGED ABOUT 58 YEARS. 2. PRADEEP NAYAK J., S/O LATE M.JAYARAMAIAH, AGED ABOUT 33 YEARS.

3. KUM. CHANDINI NAYAK J., Digitally signed D/O LATE M.JAYARAMAIAH, by DEVIKA M AGED ABOUT 30 YEARS, Location: HIGH COURT OF KARNATAKA ALL THE APPELLANTS ARE R/AT DYAPASANDRA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 130.

…APPELLANTS (BY SRI V.F. KUMBAR, ADVOCATE)

AND:

SMT.M.C.JAYAKUMARI W/O T. SONNAPPA, AGED ABOUT 73 YEARS, R/AT NO.1, KODIHALLI VILLAGE, NADAVATI POST – 560 067, JADIGENAHALLI HOBLI, HOSKOTE TALUK.

…RESPONDENT (BY SRI GOVINDA REDDY C.M., ADVOCATE)

THIS RSA FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.07.2023 PASSED IN RA No. 44/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.03.2017 PASSED IN OS No. 275/2008 ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, MALUR.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This matter is listed for admission. Heard the learned counsel for the appellants and learned counsel for the respondent.

2. The second appeal is filed against the concurrent findings of the trial Court and the appellate Court. The factual matrix of the case of the plaintiff before the trial Court is that, plaintiff is the absolute owner of the suit schedule land and is in the possession which is bearing Survey No.25/2, measuring 14 acres and 33 guntas situated at K.G.Hanumantapura Village, Kasaba Hobli, Malur Taluk. Plaintiff purchased the said land from one Smt. Vasantha Kumari under the registered sale deed dated 25.01.2006. Plaintiff is also having some property adjacent to the property in Survey No.25/2. The southern boundary of the property in Survey No.25/2 is upto the limit of Survey No.75 of Mittiganahalli Village. In the said Survey No.75, there is a road from east to west direction. The said road is in existence from immemorial time and it is a government road. A suit schedule road is the only road for the plaintiff to approach and to reach his land from the aforesaid main road. There is no other alternative road to the plaintiff’s property. The suit schedule road is carved out in Survey No.75 of the Mittiganahalli Village. The plaintiff’s vendor was using the said road which is in the suit schedule property to reach their land from the main road. From the date of purchase, the plaintiff is also using the suit schedule land to reach her property. In the year 1993, one Guttappa and defendant herein had given application to the government to classify the existing road in the said 7 guntas of land as road officially. The defendant was granted an extent of 2 acres 4 guntas of land in Survey No.75 of Mittiganahalli Village. Later, it was renumbered as new Survey No.102. The land situated on the eastern side of the suit land in Survey No.102 belongs to the plaintiff and the land on the western side of the scheduled property belongs to Guttappa in Survey No.97. The grant certificate which is issued in favour of Guttappa clearly shows the existence of the suit scheduled property and further, the plaintiff contended that the grantee shall not claim any right, possession and interest over the same and grantee shall not obstruct the ingress and egress of the adjacent land owners. The suit schedule road is in existence from many decades, but it is regularised in the year 1993. The revenue documents also disclose the existence of the suit schedule road. The Government of Karnataka notified and declared that the suit schedule property is a road. The Survey Authorities and Tahsildar visited the spot and demarca