IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 955 OF 2013 (DEC)

BETWEEN:

NANJUNDAPPA S/O BAVIMANE SIDDAPPA AGED ABOUT 69 YEARS AGRICULTURIST RESIDENT OF LAKSHMIDEVARAHALLI KASABA HOBLI, ARSIKERE TALUK HASSAN DISTRICT-573103 …APPELLANT (BY SRI. GANGADHARAPPA A V., ADVOCATE)

Digitally AND:

signed by SUNITHA K S Location:

HIGH COURT OF 1. R H RAMANNA KARNATAKA S/O LATE HUCHEGOWDA @ HUCHANNA SINCE DEAD REP BY HIS LEGAL REPRESENTATIVES

1(A) SMT. SARVAMMA W/O LATE R.H. RAMANNA AGED ABOUT 65 YEARS

1(B) RAMESHA S/O LATE R.H. RAMANNA AGED ABOUT 45 YEARS

1(C) SMT. RADHA W/O LATE MALLIKARJUNA AGED ABOUT 42 YEARS

1(D) KUMARI RADHA D/O LATE MALLIKARJUNA AGED ABOUT 18 YEARS ALL ARE RESIDENTS OF RAMPURA VILLAGE KANAKATTE HOBLI ARSIKERE TALUK HASSAN DISTRICT – 573 126

2. SIDDAPPA S/O NANJUNDAPPA AGED ABOUT 45 YEARS RESIDENTS OF LAKSHMIDEVARAHALLI KASABA HOBLI ARSIKERE TALUK HASSAN DISTRICT-573103

3. BASAVARAJ S/O CHANNABASAPPA AGED ABOUT 50 YEARS RESIDENTS OF LAKSHMIDEVARAHALLI KASABA HOBLI ARSIKERE TALUK HASSAN DISTRICT-573103 …RESPONDENTS [V/O DATED 05.12.2013, NOTICE TO R2 & R3 D/W R1(A-D) ARE SERVED]

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.3.2013 PASSED IN R.A.NO.30/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., ARSIKERE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 5.3.2009 PASSED IN O.S.NO.210/2003 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) ARSIKERE.

THIS APPEAL, COMING ON FOR HEARING 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 11.03.2013 passed in R.A.No.30/2009 by the learned Senior Civil Judge and JMFC, Arasikere, and the judgment and decree dated 05.03.2009 passed in O.S.No.201/2003 by the learned Principal Civil Judge (Jr. Dn.), at Arasikere.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellant was the defendant No.1, respondent No.1 was the plaintiff and the other respondents were the other defendants.

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

4. The plaintiff filed suit against the defendants for declaration of title, and a permanent injunction and also for the relief of possession in case the Court comes to a conclusion that the plaintiff is not in possession of the property, for delivery of the possession of the suit schedule property, which is an agricultural land bearing Sy.No.24/1A measuring 1 acre 21 guntas situated in Lakshmidevarahalli Village, Kasaba Hobli, Arsikere Taluk, contending that the property was purchased by his father by name Huchanna @ Huche Gowda, and he died. After his death, the plaintiff succeeded to the suit schedule property as his successor. It is contended that the defendants have no right, title, or interest over the suit schedule property. The defendants made an attempt to interfere with the plaintiff’s possession and enjoyment over the property. It is contended that in the RTC name of one Eranna son of Basanna, who is stated to be a non-existing person, is appearing and when the plaintiff made an application to the Tahsildar to mutate his name. Defendant No.1 filed objections for the said application. Defendant No.1 denied the title of the plaintiff over the suit schedule property. Hence, a cause of action arose for the plaintiff to file a suit for declaration of title and for permanent injunction. Accordingly, prays to decree the suit.

5. Defendant No.1 filed a written statement denying the averments made in the plaint and contended that Huchanna executed a Will dated 02.02.1958 bequeathing the suit schedule property in favour of defendant No.1 and the Will was executed on 02.02.1958 after the demise of Huchanna. Defendant No.1 became the absolute owner and in possession of