IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1725 OF 2025 (DEC/POS)

BETWEEN:

SRI B. SIDDAMADAIAH SINCE DEAD BY HIS LR’s.

1. SMT. BASAMMA W/O LATE B. SIDDAMADAIAH, AGED ABOUT 81 YEARS, 2. SMT. RAJAMMA B.S.

W/O. NAGARAJU, D/O. LATE B. SIDDAMADAIAH, AGED ABOUT 52 YEARS, R/AT NO.1430/54, 1^ST CROSS, JAINS COLONY, ASHOKNAGAR, MANDYA-571 401.

3. SMT. RENUKA B.S.

Digitally signed by W/O. K.V. SHIVAKUMAR, MAHALAKSHMI B M D/O. LATE B. SIDDAMADAIAH, Location: HIGH AGED ABOUT 47 YEARS, COURT OF KARNATAKA

4. SRI B.S. MANJUNATH S/O. LATE B. SIDDAMADAIAH, AGED ABOUT 43 YEARS, APPELLANT NOS.1, 3 & 4 ARE R/AT NO.1069/B, 11^TH MAIN ROAD, HAMPINAGAR, R.P.C. LAYOUT, VIJAYANAGARA 3^RD STAGE, BENGALURU-560040.

…APPELLANTS (BY SRI HEGDE SHRIPAD RAMAKRISHNA, ADVOCATE)

AND:

1. SRI M.D. RAMAKRISHNAIAH S/O LATE DEVASETTY GOWDA, AGED ABOUT 89 YEARS, R/AT NO.MIG-2, 80 FEET ROAD, KENGERI SATELLITE TOWN, BANGALORE-560060.

2. SRI S.R. RAJA REDDY S/O G. RAMA REDDY, AGED ABOUT 51 YEARS, R/AT NO.4, PREETHI NILAYA, HOSAKEREHALLI, B.S.K. 2^ND STAGE, BANGALORE-560085.

3. SRI P. VENKATARAMA REDDY S/O P. GOVINDA REDDY, AGED ABOUT 70 YEARS, R/AT NO.80/4, 8^TH A MAIN ROAD, WEAVERS COLONY, R.P.C. LAYOUT, VIJAYANAGARA, BANGALORE-560040.

4. SRI SUBRAMANI S/O LATE GANGADEVI, AGED ABOUT 76 YEARS, R/AT NO.14, NEHRU ROAD, 2^ND CROSS NEW GUDDADAHALLI, BENGALURU-560026.

5. SRI SUDHAKAR S/O SUBRAMANI, AGED ABOUT 48 YEARS, 6. SRI PRASAD S/O SUBRAMANI, AGED ABOUT 44 YEARS, BOTH RESPONDENT NOS.5 & 6 ARE RESIDING AT NO.14, II CROSS, NEHRU ROAD, NEW GUDDADAHALLI, MYSORE ROAD, BENGALURU-560026.

…RESPONDENTS (BY SRI RAKSHITHA D.J., ADVOCATE FOR C/R-3)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.03.2025 PASSED IN O.S.NO.3624/2016 ON THE FILE OF XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, C/C XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-23)., DISMISSING THE SUIT FOR DECLARATION AND POSSESSION.

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

This regular first appeal is filed by the plaintiffs, being aggrieved by the judgment and decree dated 19.03.2025 passed in O.S. No.3624/2016 on the file of the XXV Additional City Civil and Sessions Judge, Bengaluru (CCH-23) (‘the Trial Court’ for short), whereby the suit filed by the plaintiffs for declaration and consequential relief of injunction came to be dismissed.

2. The case of the plaintiffs is that the suit schedule ‘A’ and ‘B’ properties, described as Site Nos.33 and 34 of Municipal Khata No.20, measuring 60 x 40 feet situated at Nagadevanahalli, Kengeri Hobli, Bengaluru South Taluk (‘suit property’ for short) were acquired under the registered Sale Deeds dated 02.05.1997-Exs.P.1 and P.2. executed by defendant No.1-M. D. Ramakrishnaiah, acting as a General Power of Attorney holder of the original owner Thimmaiah. It is averred that land in Survey No.20, measuring 4 acres, had been converted by order of the Deputy Commissioner dated 12.10.1978, and thereafter, a layout was formed under a GPA dated 10.02.1994. The plaintiffs claimed to be in peaceful possession and enjoyment, and on obstruction of defendant Nos.3 and 4 initially filed a suit for permanent injunction, which came to be dismissed. The present suit was thereafter instituted seeking declaration of title and consequential relief of injunction.

3. The defendants resisted the suit contending that defendant No.1 had executed a sale deed dated 02.02.1998 in favour of Smt. Ganga Devi (defendant No.2) in respect of Sites Nos.27, 28, 34 and 35. Defendant No.2 had mortgaged the said site to Swarna Bharathi Sahakara Bank Niyamitha by executing a memorandum of deposit of title deeds. Upon default, the bank brought the property to auction and executed a registered sale deed dated 10.03.2006 in favour of defendant Nos.3 and 4, who are in possession. The