IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1042 OF 2014 (DEC)

BETWEEN:

ANNEGOWDA @ D A KUMAR SINCE DECEASED BY LEGAL REPRESENTATIVES

1. SMT. NETHRA, W/O D.A.KUMAR, AGED ABOUT 33 YEARS

2. MASTER VIJAYA VIKRAM S/O LATE D A KUMAR AGED ABOUT 09 YEARS MINOR REPRESENTED BY LR"S NO.1 (THE MOTHER) Digita lly signed by KIRAN KUMAR R 3. SRI LAKSHMIKANTH Location: HIGH S/O LATE D A KUMAR COURT OF AGED ABOUT 07 YEARS KARNATAKA MINOR REPRESENTED BY LR"S NO.1 (THE MOTHER)

ALL ARE RESIDING AT DINNEKERE UDUSE VILLAGE BETTADAMANE POST MUDIGERE TALUK-577132 …APPELLANTS (BY SRI. M SHIVAPRAKASH., ADVOCATE)

AND:

1. SMT PARVATHAMMA W/O VASUDEVAPPA AGED ABOUT 80 YEARS 2. SRI DYAVAPPA B V S/O VASUDEVAPPA AGED ABOUT 54 YEARS

3. SMT. M K SHANTHAMMA W/O B V SOMEGOWDA AGED ABOUT 62 YEARS

4. SRI B S SHIVAKUMAR S/O B V SOMEGOWDA AGED ABOUT 30 YEARS

5. SRI B S TEJPAL S/O B V SOMEGOWDA AGED ABOUT 28 YEARS RESPONDENTS 1 TO 5 ARE RESIDING AT BETTADAMANE VILLAGE AND POST MUDIGERE TALUK-577132

6. SMT. B S SAVITHA D/O B V SOMEGOWDA W/O NARAYANA AGED ABOUT 32 YEARS GABGAL, COOVE VILLAGE MUDIGERE TALUK-577132

7. SMT. B S TEJASWINI W/O SOMASHEKARA AGED ABOUT 29 YEARS R/AT DEVAVRUNDA VILLAGE AND POST MUDIGERE TALUK-577132

8. KUM. GAYATHRIGOWDA D/O LATE D.A.KUMAR, 13 YEARS, MINOR REPRESENTED BY HER MOTHER SMT. VEENA, W/O D.A. KUMAR, 36 YEARS, R/AT KPTCL QUARTERS, CHIKKABALLAPUR – 562 101 …RESPONDENTS (BY SRI. H.P. LEELADHAR, ADVOCATE FOR R1 TO R7 R8 IS MINOR REP. BY HER MOTHER)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.06.2014 PASSED IN R.A.NO.40/2013 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC., CHIKMAGALORE, ALLOWED THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.02.2013 PASSED IN O.S.NO.81/2003 ON THE FILE OF PRL.

CIVIL JUDGE AND JMFC, MUDIGERE.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

1. This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 02.06.2014 passed in R.A.No.40 of 2013 by the learned I Additional Senior Civil Judge, Chikkamagalur.

2. For convenience, the parties are referred to based on their rankings before the trial court. The appellants were the legal representatives of the deceased defendant, respondent Nos.1 to 7 were the plaintiffs and respondent No.8 was defendant No.1.

3. Brief facts, leading rise to the filing of this appeal are as follows:

4. The plaintiffs filed a suit for declaration of title, possession and recovery of money. It is the case of the plaintiffs that one Vasudevappa, acquired title to the lands bearing survey No.30 measuring to an extent of 3 acres 25 guntas under a registered sale deed dated 17.03.1972, and an extent of 1 acre 29 guntas in Survey No.29. The dispute was raised by the plaintiffs alleging that the defendant has raised boundary dispute, and is making an attempt to interfere with the peaceful possession and enjoyment of the plaintiffs in the land bearing survey No.41 described in Schedule ‘A’, the allegation of interference regarding 9 guntas is described in schedule ‘B’ of the plaint. Prior to the filing of this suit, the plaintiffs filed a suit in OS No. 167 of 1999 for the relief of perpetual injunction, so also the defendant in OS No.141 of 1999 and both the suits came to be dismissed and the suit in OS No. 167 of 1999 was withdrawn. Hence, the plaintiffs filed a comprehensive suit for a declaration of title, possession and recovery of money. Accordingly, prays to decree the suit.

5. The defendants filed a written statement denying the averments made in the plaint, and admitted regarding filing of suit in OS No.141 of 1999 and OS No.167 of 1999. In the written statement, the defendants totally denied the plaint ‘B’ schedule property as a part and parcel of ‘A’ schedule property and claimed that the schedule ‘B’ proper