IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18^TH DAY OF MARCH 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO. 5466 OF 2009 (DEC)

BETWEEN

1. SHRI SHEKHAPPA RUDRAPPA BADIGER, AGE: 45 YEARS, OCC: CARPENTER, R/O. BEERANAKOPPA-581106, TQ: BYADAGI, DIST: HAVERI.

2. SHRI RUDRAPPA CHANNAVEERAPPA BADIGER, SINCE DECEASED BY HIS LEGAL HEIRS

2(A) SMT. KAMALAVVA W/O. RUDRAPPA BADIGER, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. BEERANAKOPPA, Digitally signed TQ: BYADAGI-581106, by SAROJA HANGARAKI DIST: HAVERI.

Location: HIGH COURT OF KARNATAKA , DHARWAD BENCH 2(B) SHRI DEVENDRAPPA RUDRAPPA BADIGER, AGE: 52 YEARS, OCC: CARPENTER, R/O. BEERANAKOPPA, TQ: BYADAGI-581106, DIST: HAVERI.

2(C) SMT. PRAMILAVVA W/O. MALLESHAPPA BADIGER, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. ENNIKOPPA, TQ: SORAB-577429, DIST: SHIMOGA.

2(D) SMT. HOVVAKKA W/O. RAMAPPA BADIGER, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. BEERANAKOPPA, TQ: BYADAGI-581106, DIST: HAVERI.

APPELLANTS NO.2(A) TO 2(D) ARE REPRESENTED BY THEIR SPECIAL G.P.A. HOLDER APPELLANT NO.1 SHRI SHEKHAPPA RUDRAPPA BADIGER.

...APPELLANTS (BY SRI. S.N. BANAKAR, ADVOCATE)

AND

1. SHRI NAGAPPA FAKKIRAPPA ELAGERA, AGE: 53 YEARS, OCC: TAILOR, R/O. BEERANAKOPPA, TQ: BYADAGI-581106, DIST: HAVERI.

2. SHRI MALLAPPA DURGAPPA DODDAMANI, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O. BEERANAKOPPA, TQ: BYADAGI-581106, DIST: HAVERI.

3. SHRI SHEKHARAPPA TIPPANNA TAGADINAMANI, AGE: 53 YEARS, OCC: SECRETARY OF MILK PRODUCES CO-OP SOCIETY LTD., R/O. BEERANAKOPPA, TQ: BYADAGI-581106, DIST: HAVERI.

…RESPONDENTS (BY SRI. V.S. KALASURMATH, ADVOCATE)

THIS RSA IS FILED UNDER SECTION RSA FILED UNDER SECTION 100 OF CPC PRAYING TO CALL FOR RECORDS FROM THE CIVIL JUDGE (JR. DN) BYADAGI IN O.S.NO.109/96 AND SO ALSO IN R.A.NO.54/2004 ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR. DN), RANEBENNUR; SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 25.03.2024 PASSED BY THE CIVIL JUDGE (JR. DN) BYADAGI IN O.S.NO.109/1996 SO FAR AS IT RELATES TO REJECTION OF RELIEF OF PERMANENT INJUNCTION AGAINST THE DEFENDANTS IN RESPECT OF SUIT PROPERTY; SET ASIDE THE IMPUGNED JUDGMENT AND DECREE 29-08-2007 PASSED BY THE ADDITIONAL CIVIL JUDGE (SR. DN), RANEBENNUR WITH REGARD TO DECLARATION OF SUIT SCHEDULE PROPERTY TO THE EXTENT OF NORTH-SOUTH 20 FEET AND RESTORED THE JUDGMENT AND DECREE OF TRIAL IN SO FAR AS RELATES TO EXTENT OF SUIT PROPERTY NORTH- SOUTH 90 FEET AND ALSO GRANT PERMANENT INJUNCTION RESTRAINING THE DEFENDANTS OR THEIR AGENTS, OR ANYBODY CLAIMS THROUGH THEM FROM CAUSING ANY OBSTRUCTION TO THE SUIT PROPERTY MEASURING EAST-WEST 75 FEET AND NORTH-SOUTH 90 FEET BY DECREEING THE SUIT OF THE PLAINTIFFS FULLY; ALLOW THIS APPEAL WITH EXEMPLARY COST TO MEET THE ENDS OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 06.03.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

CAV JUDGMENT

The appellants/plaintiffs have filed this appeal under Section 100 of Civil Procedure Code, 1908 (‘CPC’ in short) challenging the judgment and decree dated 29.08.2007 passed in R.A.No.54/2004 on the file of Additional Senior Civil Judge, Ranebennur (for short, ‘First Appellate Court’) by allowing the appeal partly and modifying the judgment and decree dated 25.03.2004 passed in O.S.No.109/1996 on the file of Civil Judge and JMFC, Byadagi (for short, ‘Trial court’) and declaring the plaintiffs as owners of suit schedule property to the extent of East-West 75 feet and North-South 20 feet, which includes front yard and backyard of the house of plaintiffs.

2. The parties would be referred with their ranks as they were before Trial Court for the sake of convenience and clarity.

3. The plaintiffs have filed the suit before Trial Court praying for the relief of declaration that they are the absolute owners of suit schedule property consisting of tiled roofing house and its backyard measuring East-West 50 Mola (75 Feet), North-South 60 Mola (90 Feet) situated at H