IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.104 OF 2017(RO)

BETWEEN:

1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHNA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-01

2. THE DIVISION FOREST OFFICER BHADRAVATHI DIVISION, BHADRAVATHI-577 301

3. THE RANGE FOREST OFFICER BHADRAVATHI RANGE, TARIKERE ROAD, BHADRAVATHI-577 301 …APPELLANTS Digitally (BY SRI GOPALAKRISHNA SOODI, ADDITIONAL GOVERNMENT signed by ADVOCATE)

MALATE SH K C Location:

AND: HIGH COURT OF KARNATAKA 1. CHANNEGOWDA DEAD BY LR’S (a) PADMANARAYANA S/O LATE CHANNEGOWDA, AGED ABOUT 54 YEARS, R/O ANTHARANAGANGE VILLAGE, BHADRAVATHI-577 301 (b) LALITHA W/O T.M.ANANDA, AGED ABOUT 44 YEARS R/O SHAMBONAHALLI VILLAGE, PANDAVAPURA TALUK, MELUKOTE HOBLI, MANDYA DISTRICT-571 431

2. PAPEGOWDA S/O KEMPEGOWDA, R/O KACHANGONADANAHALLI VILLAGE, KUDLIGERE HOBLI, BHADRAVATHI TALUK-577 301 …RESPONDENTS (BY SRI. G S BALAGANGADHAR, ADVOCATE)

THIS MSA IS FILED UNDER ORDER XLIII (i) (u) OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 24.03.2017 PASSED IN RA.NO.115/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BHADRAVATHI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.09.2013 PASSED IN O.S.NO.453/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC., BHADRAVATHI, REMANDING BACK TO THE TRIAL COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri Gopalakrishna Soodi, learned Additional Government Advocate for the appellant and Sri G.S.Balagangadhar, learned counsel for the respondents, who are plaintiffs before the Trial Court.

2. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:

A suit came to be filed by the plaintiffs in O.S.No.453/2012 on the file of the I Addl. Civil Judge and JMFC, Bhadravathi, with the following prayer:

“(i) Plaintiffs prays for a judgment and decree against the defendants 2 and 3 by declaring that the stone crushing unit of the plaintiff’s bearing License No.557 on the file of the Department of Mines and Geology, Shimoga, is in granted revenue land of schedule and is not coming in the limits of Minor Forest Area which is coming at the other side of main Bhadra Channel as contended by the 3^rd defendant Range Forest Officer, in his Order dated 16.07.2012 on his file Order No.RFO/Bava/362/2012-13, dated

16.07.2012.

(ii) Consequential relief of injunction by restraining the defendants 2 and 3 permanently from interfering with the lawful possession with the stone crushing unit of the plaintiff of schedule property in any manner.

(iii) For costs of the suit, and (iv) for such other reliefs as this Hon’ble Court determines to be just and proper under the circumstances of the case.”

3. The suit, on contest, came to be dismissed on preliminary issue Nos.3 and 6 which read as under:

(3) Whether the defendant no.1 and 2 proves that suit of the plaintiff is not maintainable as per Sec.9 of CPC?

(6) Whether the defendant proves that suit of the plaintiff is not maintainable?

4. The Trial Court held against the plaintiffs and dismissed the suit.

5. Being aggrieved by the same, appeal came to be filed by the plaintiffs in RA No.115/2013.

6. Learned Judge in the First Appellate Court, after securing the records, heard the arguments of the parties and allowed the appeal and remitted the suit to the Trial Court for fresh disposal in accordance with law inter alia holding in paragraph Nos. 30 to 38 as under.

“30. Learned AGP for the defendants has relied upon the following decision:

(2007) 15 SCC 744 [State of Karnataka and others Vs.

I.S.Nirvane Gowda and others], wherein it is held that, “Environment Protection and Pollution Control –

Forests – Reserve Forests – Forest land – Title to the land – Competence of Revenue Authorities to co