IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1759 OF 2023 (INJ)

BETWEEN:

1. VIJAYA CHAWTA S/O SANJEEVA CHAWTA, AGED ABOUT 59 YEARS, RESIDING AT NUGERU HOUSE, SANGABETTU VILLAGE, SIDDAKATTE POST, BANTWAL TALUK, D.K DISTRICT - 574 237.

2. ASHOK HEGDE S/O LATE LAKKANNA HEGDE, AGED ABOUT 58 YEARS, RESIDING AT BIKSHU LAXMANANDA RAOD, MORGAN GATE, MANGALORE Digitally signed D.K DISTRICT - 575 006.

by SHARADAVANI …APPELLANTS B Location: High (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE)

Court of Karnataka AND:

1. GRETA GOVEAS AGED 64 YEARS, 2. JOYAL WILSON GOVES AGED ABOUT 37 YEARS, 3. LYNAL JEEVAN GOVEAS AGED ABOUT 34 YEARS, 4. SHEETAL GOVEAS AGED ABOUT 34 YEARS, 5. SONAL GOVEAS AGED ABOUT 21 YEARS, RESPONDENT NO.1 IS THE WIDOW AND RESPONDENT NO. 2 TO 5 ARE CHILDREN OF DECEASED VALERIAN GOVEAS ALL ARE RESIDING AT MUGERU HOUSE, SANGABETTU VILLAGE, SIDDAKATTE POST, BANTWAL TALUK, D.K DISTRICT - 574 238.

6. PAUL JERALD GOVEAS S/O LATE JOHN EDWIN GOVEAS, AGED ABOUT 61 YEARS, RESIDING AT MUGERU HOUSE, SANGABETTU VILLAGE, SIDDAKATTE POST, BANTWAL TALUK, D.K DISTIRCT - 574 237.

…RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.06.2023.PASSED IN RA NO.16/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.03.2015 PASSED IN OS NO.138/2007 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, BANTWAL, D.K.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri. Ravishankar Shastry G., learned counsel for the appellants.

2. This Court did not deem it fit to issue notice to the respondents having regard to the issue involved in the appeal.

3. Defendant is the appellant challenging the decreeing of the suit in O.S.No.138/2007 confirmed in R.A.No.16/2015.

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

4.1 A suit for bare injunction came to be filed in respect of the following immovable property (hereinafter referred to as 'suit schedule properties'):

PLAINT 'A' SCHEDULE PROPERTY Immovable property situated in Sangabettu village of Bantwal Taluk, comprised in Item No.I - Sy.No. Extent (acres)

67/91 0.20 67/9BP4 0-57 more fully described in the red colour in the eye sketch filed along with the plaint.

Item No.II - Sy.No. Extent (acres)

67/9AP2 0.06 67/9BP1 0-28 Item No.III - Sy.No. Extent (acres)

67/9BP7 0.05 Item No.II and III morefully described in the green colour in the eye sketch filed along with the plaint.

PLAINT 'B' SCHEDULE PROPERTY Immovable property situated in Sangabettu village of Bantwal Taluk, comprised in Item No.I - Sy.No. Extent (acres)

284/3 1.00 more fully described in the blue colour in the eye sketch filed along with the plaint.

Item No.II - Sy.No. Extent (acres)

284/3 0.80 morefully described in the yellow colour in the eye sketch filed along with the plaint.

4.2 Plaintiffs filed the suit for the relief of permanent injunction restraining the defendants from interfering with the plaintiffs exercising the 'Kumki'

rights/privileges in respect of the 'B' Schedule properties except use of roadway in the Plaint 'B' Schedule Properties.

4.3 Plaintiffs claim that plaintiff No.1 is the co-

owner of item No.1 of Plaint 'A' Schedule Properties along with other children and his father. During the lifetime of the father of the first plaintiff and after his death, first plaintiff has effected vast agricultural improvements in the item No.1 of the Plaint 'A' schedule properties. There exists a house, hatti and kottige in item No.1 of the 'A' Schedule property and after the death of his father Felix Goveas, first plaintiff and his brother are in exclusive possession and enjoyment of item No.1 of Plaint 'A' schedule properties. Item No.1 of the Plaint 'B' Schedule properties forms