IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 2172 OF 2012 (DEC)

BETWEEN:

SMT V SHOBHA W/O SRI V. JANARDHAN, AGED ABOUT 39 YEARS, R/AT NO. 675, "D" BLOCK, II STAGE, RAJAJINAGAR, BANGALORE - 560 010.

…APPELLANT (BY SRI. ASHOK SESHAGIRI., ADVOCATE FOR SRI. T SHESHAGIRI RAO & .,ADVOCATE)

AND:

1. SRI. K. SREENIVASA S/O KRISHNE GOWDA, AGED ABOUT 38 YEARS, Digitally signed by R/AT 11^TH CROSS, SUMA B N KAIWARANARAYANASWAMY ROAD, Location :

WARD NO.3, NEAR BYLAMMA HOUSE, HIGH COURT OF KAMMAGONDANAHALLI, KARNATAKA BANGALORE - 560 015.

2. SMT V. RADHA MANI W/O K R SRINIVAS, AGED ABOUT 42 YEARS, R/AT "ANIL GRISISH NILAYA"

NO.E-264, 11^TH CROSS, WARD NO.3, BEHIND SRIRAMA TEMPLE, KAMMAGONDANAHALLI, JALAHALLI WEST, BANGALORE - 560 015.

3. SRI. KOMMURI VEERABHADRA RAO S/O LATE MEERA SAHEB, AGED ABOUT 68 YEARS, R/AT NO.1799, PIPELINE ROAD, PRASHANTHNAGAR, T. DASARAHALLI, BANGALORE- 560 057.

4. SRI. INDRASENA RAJU S/O P SIDDAM RAJU, AGED ABOUT 71 YEARS, R/AT NO.11/4, S.V. NAGAR, TIRUPATHI-02 ANDHRA PRADESH.

5. SMT. K. NAGAKANAKA DURGA W/O KOMMURI VEERABHADRA RAO, AGED ABOUT 66 YEARS, R/AT NO. 1799, PIPELINE ROAD, PRASHANTHNAGAR, T. DASARAHALLI, BANGALORE - 560 057.

…RESPONDENTS (BY SRI. ARAVIND M NEGLUR .,ADVOCATE FOR R1, R2, R3 &

R5;

V/O DATED 12.04.2019, NOTICE TO R4 IS HELD SUFFICIENT)

THIS RFA IS FILED U/ORDER 41 RULE 1, R/W SEC 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 07.11.2012 PASSED IN O.S.NO.8749/2004 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FILED FOR DECLARATION, MANDATORY INJUNCTION, POSSESSION AND PERMANENT INJUNCTION.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the plaintiff, being aggrieved by the judgment and decree dated 07.11.2012, passed in O.S.No.8749/2004 on the file of V Additional City Civil Judge, Bengaluru (hereinafter referred to as 'the Trial Court'), by which the trial Court has dismissed the suit of the plaintiff for declaration and consequential relief of possession.

2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellant was the plaintiff and the respondents were the defendants.

3. Case of the plaintiff is that she is the absolute owner in possession and enjoyment of house site bearing No.3, forming part of land in Sy.No.73 of Kommagondanahalli Village, Yeshwantpura Hobli, Bengaluru North Taluk (hereinafter referred to as 'the suit schedule property'), she having acquired the same in terms of deed of sale dated 29.10.2004 from one Sri. V.K. Krishnappa. The said Sri. V.K. Krishnappa had in turn inherited the suit schedule property from his mother Smt. Govindamma, who in turn had acquired the title of the land in said Sy.No.73 under a partition deed dated 21.01.1965. The said land in Sy.No.73 totally measures 32 guntas, in which 13 sites were formed, one of which is site No.3, which was purchased by the plaintiff as above. After the purchase, plaintiff obtained her name entered in the revenue records in the Dasarahalli City Municipal Council and has been paying the tax.

4. Defendants being utter stranger to the suit property, having no right, title or interest over the same, had come near the suit property and started to dig with an intention of laying foundation and to put up construction on the suit property on 22.11.2004, claiming that the suit property had been a part of the layout which was formed by certain Anjaneya House Building Co-operative Society Ltd. That late Govindamma and her children had executed power of attorney in favour of said Anjaneya House Building Co-operative Society Ltd., who in turn had formed a layout and Site No.3 was sold in favour of one defendant No.4-Indrasena Raju. That the said defendant No.4- Indrasena Raju in turn had sold the same in favour of one Kommuri Veerabhadra Rao-