IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 1707 OF 2014 (INJ)

BETWEEN:

SRI S. NARAYANAPPA SINCE DEAD BY HER LRS

1 SMT. ANNAMMA W/O LATE S.NARAYANAPPA, AGED ABOUT 66 YEARS, R/AT 2^ND MAIN, BASAVANAGARA (FLOUR MILL), MARATHALLI POST, BENGALURU-560 037.

2 SRI.N.PARAMESHA S/O LATE S.NARAYANAPPA, AGED ABOUT 35 YEARS, R/AT 2^ND MAIN, Digitally signed by SUMA B N BASAVANAGARA (FLOUR MILL), Location: MARATHALLI POST, HIGH COURT OF BENGALURU-560 037.

KARNATAKA

3 SMT.LAKSHMI.N D/O LATE S.NARAYANAPPA, W/O M.GOVINDRAJ, AGED ABOUT 49 YEARS, R/AT NO.158, 3^RD BLOCK, 9^TH CROSS, THYAGARAJNAGAR, BENGALURU-560028. 4 SMT.NAGAVENI.N D/O LATE S.NARAYANAPPA, W/O MUNINAGARAJ, AGED ABOUT 47 YEARS, R/AT P-8-A-106, PLOT NO.8, 9^TH MAIN, JEEVANBHIMANAGAR, BENGALURU-560075.

5. SMT.PADMAVATHI.N D/O LATE S.NARAYANAPPA, W/O M.SRINIVAS, AGED ABOUT 45 YEARS, R/AT NO.158, 3^RD BLOCK, 9^TH CROSS, THYAGARAJNAGAR, BENGALURU-560028.

6. SMT.SARASWATHI D/O LATE S.NARAYANAPPA, W/O LATE G.CHANDRASHEKAR, AGED ABOUT 43 YEARS, R/AT NO.2, 2ND MAIN, BASAVANAGARA (FLOUR MILL), MARATHALLI POST, BENGALURU-560 037.

7. SMT.MANGALA GOWRI D/O LATE S.NARAYANAPPA, W/O M.GOPAL, AGED ABOUT 38 YEARS, R/AT NO.130, VADDARA PALYA, UTTHARAHALLI, SUBRAMANYAPURA POST, BENGALURU-560061. 8. SMT.PARVATHI.N D/O LATE S.NARAYANAPPA, W/O M.LOKESH, AGED ABOUT 37 YEARS, R/AT NO.94, MAHANTHALINGAPURA, JIGANI HOBLI, ANEKAL TALUK, BHANNERGHATTA POST, BENGALURU-560105.

9. SMT.JYOTHI.N D/O S.NARAYANAPPA, W/O MOHAN KUMAR.S, AGED ABOUT 36 YEARS, R/AT NO.347, SHIVANAPALYA, KENGERI SATELLITE TOWN, BENGALURU-560 060.

…APPELLANTS (BY SRI.MAHANTESH G., ADVOCATE FOR A(i) TO iii, v, vii and ix, SRI.M.V.MURTHY, ADVOCATE FOR A1(iv, vi and viii)

AND:

1. SRI.KAMADHENU SEVA SAMITHI (REGD)

REPTD BY ITS PRESIDENT SRI R KRISHNASWAMY, SON OF LATE RAMA NAIDU, AGED ABOUT 74 YEARS, RESIDING AT NO.915, 4TH MAIN, VIBHUTHIPURA LAYOUT, BASAVANAGARA, MARATHAHALLI POST, BANGALORE-560037

2. SRI S SAMPANAGIRAMAIAH SON OF LATE SIDDAPPA, AGED ABOUT 58 YEARS, RESIDING AT KODHIHALLI VILLAGE, ULSOOR POST, BANGALORE-560008

3. SMT MUNIVENKATAMMA WIFE OF LATE S RAMAIAH, AGED ABOUT 48 YEARS, RESIDING AT NO.2468/A, HAL 3RD STAGE, 2ND CROSS, KONENA AGRAHARA, BANGALORE-560017

4. SRI S ANJANAPPA SON OF LATE SIDDAPPA, AGED ABOUT 45 YEARS, RESIDING AT BASAVANAGARA, VIBHUTHIPURA EXTENTION, MARATHAHALLI POST, BANGALORE-560037

5. SRI S GOVINDARAJU SON LATE SIDDAPPA AGED ABOUT 43 YEARS, RESIDING AT BASAVANAGAR, VIBHUTHIPURA EXTENSION, MARATHAHALLI POST, BANGALORE-560037 …RESPONDENTS (BY SMT.K.SAROJINI MUTHANNA, ADVOCATE FOR R1, V/O DATED 04.07.2025, APPEAL AGAINST R2 ABATED SRI.D.RAJU, ADVOCATE FOR R3 V/O DATED 28.08.2018 BRINGING LRS OF DECEASED R4 IS NOT NECESSARY V/O DATED 12.01.2015, NOTICE TO R5 IS DISPENSED WITH)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.10.2014 PASSED IN O.S.5666/2008 ON THE FILE OF THE XXXIX-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION. DISMISS THE SUIT OF THE PLAINTIFF AND ALLOW THE COUNTER CLAIM OF DEFENDANT NO.1 IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT Defendant No.1 in O.S.No.5666/2008 is before this Court being aggrieved by the Judgment and decree dated 18.10.2014 passed on the file of XXXIX Additional City Civil and Sessions Judge, Bengaluru, by which the trial Court has decreed the suit for permanent injunction restraining the defendants permanently causing interference in the peaceful possession of the plaintiff over the suit schedule properties. Further defendants have been directed to remove the construction existing on `C' Schedule property within 90 days from the date of order.

Subject matter of the suit is:

SCHEDULE -A All that part and parcel of property bearing Sy.No.165, situated at Vibhuthipura Vill