IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 486 OF 2013 (DEC/INJ)

BETWEEN:

SRI CHIKKAMARAPPA AGED ABOUT 87 YEARS S/O CHIKKA MARITHAMMANNA R/AT MALLAHALLI VILLGE SIDLAGHATTA TALUK REPRESENTED BY ITS PA HOLDER BY NAME MUNICHANNAPPA S/O MUNIKALAPPA AGED ABOUT 55 YEARS R/AT MALLAHALLI VILLAGE SIDLAGHATTA TALUK Digitally signed by KIRAN …APPELLANT KUMAR R (BY SRI. R B ANAND, ADVOCATE)

Location:

HIGH COURT OF AND:

KARNATAKA

1. SRI ANJANAPPA AGED ABOUT 48 YEARS S/O LATE A K NARAYANAPPA R/AT ABLOOD VILLAGE SIDLAGHATTA TALUK

2. SRI DODDATHIRUMALAPPA AGED ABOUT 43 YEARS S/O A K NARAYANAPPA R/AT ABLOOD VILLAGE SIDLAGHATTA TALUK

3. SRI CHIKKATHIRUMALAPPA AGED ABOUT 38 YEARS S/O LATE A K NARAYANAPPA R/AT ABLOOD VILLAGE SIDLAGHATTA TALUK

4. SRI MUNITHIRUMALAPPA AGED ABOUT 33 YEARS S/O A K NARAYANAPPA R/AT ABLOOD VILLAGE SIDLAGHATTA TALUK

5. SMT CHIKKA VENKATAMMA AGED ABOUT 63 YEARS W/O LATE A K NARAYANAPPA R/AT ABLOOD VILLAGE SIDLAGHATTA TALUK 6. SMT ANJANAMMA AGED ABOUT 49 YEARS W/O BYATHARAYAPPA R/AT CHIKKADASENAHALLI VILLGE SIDLAGHATTA TALUK KOLAR DISTRICT 7. SMT ERAMMA AGED ABOUT 45 YEARS W/O MUNIYAPPA R/AT MARAVAHALLI VILLAGE SIDLAGHATTA TALUK

8. SMT VENKATALAKSHMAMMA AGED ABOUT 39 YEARS W/O SRINIVAS R/AT NAKUNDA VILLAGE CHINTAMANI TALUK KOLAR DISTRICT

9. SRI. NAGRAJ S/O JODI NAGAPPA AGED MAJOR R/AT ABLUDU GRAMA SIDLAGHATTA TALUK KOLAR DISTRICT.

…RESPONDENTS (BY SRI. G BALAKRISHNA SHASTRY., ADVOCATE FOR R1 TO R8 SRI. V NAGAREDDY & SRI. PRATHAP KUMAR K S., VNR ASSTS, FOR R9)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 23.11.2012 PASSED IN R.A.NO.15/2005 ON THE FILE OF ITINERY SENIOR CIVIL JUDGE, AND JMFC, SIDLAGHATTA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 31.1.2005 PASSED IN OS.NO.385/1997 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.), SIDLAGHATTA.

THIS APPEAL, COMING ON FOR FINAL 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 appellant challenging the judgment and decree dated 23.11.2012 passed in R.A.No.15 of 2005 by the itinery Senior Civil Judge and JMFC, Sidlaghatta.

2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellant was defendant No.1 and the respondents No.1 to 8 were the legal representatives of the deceased plaintiff and respondent No.9 was defendant No.2.

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

4. The plaintiff filed a suit for the relief of a declaration and a consequential relief of permanent injunction. The land bearing Survey No.63 totally measures 5 acres 19 acres is a government land, out of which 2 acres 29 acres was granted in favour of the plaintiff in 1970 under darkasth. The remaining land is phut kharab land which is part and parcel of Survey No. 63. The entire extent of land was in possession and enjoyment and they were cultivating the same previously before grant. The plaintiff with the hard work and spending huge amount made it fertile from the date of grant. The Khata was mutated in the name of plaintiff. He was paying kandayam to the Government. One Akkalappa filed a suit in O.S.No.27 of 1987 against the plaintiff regarding land bearing Survey No.77 for the relief of permanent injunction. In the said suit, Akkalappa admitted the land bearing Survey No. 63 belongs to the plaintiff. The said suit was partly decreed, and partly dismissed vide judgment dated 31.08.1994. The defendant is the absolute owner and in possession of the suit schedule property. Defendant No.1 being the neighbouring land owner towards eastern and western side of the suit property. The defendants have no right, title or interest or possession over the suit schedule property, they are trying to obstruct the cultivation of the suit schedule land. Hence, a cause of action arose for the plai