IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 36 OF 2013 (DEC/INJ)

BETWEEN:

1. YELLAPPA S/O SANNA HANUMANTHAPPA AGE 62 YEARS

1(A) DHARMAPPA S/O LATE YELLAPPA AGED ABOUT 42 YEARS

1(B) HOLEYAPPA S/O LATE YELLAPPA AGED ABOUT 36 YEARS Digitally signed by SUNITHA K S BOTH ARE R/O HIREMAGADI Location: KOLAGI POST, SORABA TQ HIGH COURT OF SHIVAMOGGA DISTRICT.

KARNATAKA VIDE ORDER DATED 19.06.2024 LEGAL REPRESENTATIVES OF 1^ST APPELLANT ARE BROUGHT ON RECORD

2. HANUMANTHAPPA S/O SANNA HANUMANTHAPPA AGED ABOUT 59 YEARS

3. THILAKAPPA S/O SANNA HANUMANTHAPPA AGED ABOUT 56 YEARS

3(A) NIRMALA W/O LATE TILAKAPPA AGED ABOUT 54 YEARS

3(B) ARAVIND T M S/O LATE TILAKAPPA AGED ABOUT 30 YEARS

3(C) PRIYANKA T M D/O LATE TILAKAPPA AGED ABOUT 28 YEARS

3(D) SRIVINAS T M S/O LATE TILAKAPPA AGED ABOUT 26 YEARS VIDE ORDER DATED 19.06.2024 LEGAL REPRESENTATIVES OF APPELLANT No.3 ARE BROUGHT ON RECORD.

4. SHIVAMURTHAPPA S/O SANNA HANUMANTHAPPA AGED ABOUT 56 YEARS

5. SHANMUKAPPA S/O SANNA HANUMANTHAPPA AGED ABOUT 50 YEARS 6. SMT. YELLAMMA W/O SANNA HANUMANTHAPPA AGED ABOUT 89 YEARS ALL ARE R/O HIREMAGAGADI VADDIGERE POST, KOLAGI POST SARABHA TALUK SHIMOGA DISTRICT.

VIDE ORDER DATED 19.06.2024 APPELLANT No.1 TO 5 ARE ORDERED TO BE TREATED AS LEGAL REPRESENTATIVE OF DEGASSED APPELLANT No.6

7. SMT. BASAMMA W/O ERAPPA AGED ABOUT 52 YEARS R/O TATHURU VADDIREGE SORABHA TALUK SHIMOGA DISTRIST.

…APPELLANTS (BY SRI. M R RAJAGOPAL, SENIOR COUNSEL FOR SRI. H N BASAVARAJU., ADVOCATE V/O DATED 19.06.2024 A1 TO A5 ARRE TREATED AS LEGAL REPRESENTATIVES OF DECEASED A6)

AND:

1. SHEKARAPPA S/O KENGAPPA AGED ABOUT 56 YEARS

2. PRAMESHWARAPPA S/O KENGAPPA AGED ABOUT 54 YEARS SINCE DECEASED BY HIS LEGAL REPRESENTATIVE’S

2(A) SMT. RENUKAMMA W/O LATE PARAMESHWARAPPA AGED ABOUT 58 YEARS

2(B) GEETHA D/O LATE PARAMESHWARAPPA W/O DANAPPA AGED ABOUT 39 YEARS

2(C) SMT. SUNITHA D/O LATE PARAMESHWARAPPA W/O KOTEPPA AGED ABOUT 33 YEARS

2(D) GAYATHRI D/O LATE PARAMESHWARAPPA W/O THIMMAPPA AGED ABOUT 30 YEARS 2(E) SRI MANJUNATHA D/O LATE PARAMESHWARAPPA AGED ABOUT 35 YEARS ALL ARE R/AT HIREMAGODI VIDDIGERE HNAVATTI HOBLI, SORABHA TALUK SHIMOGGA DISTRICT-577212.

(AMENDED AS PER THE COURT ORDER DATED 13.11.2024)

3. ERAPPA S/O KENGAPPA AGED ABOUT 52 YEARS 4. HANUMANTHAPPA S/O KENGAPPA AGED ABOUT 50 YEARS

5. SMT PUTTAMMA W/O KENGAPPA AGED ABOUT 77 YEARS 6. HANUMANTHAPPA S/O DODDAHUNUMANTHAPPA AGED ABOUT 67 YEARS ALL ARE RESIDING AT HIREMAGADI-VADDIGERE HNAVATTI HOBLI, SORABHA TALUK SHIMOGA DISTRICT.

…RESPONDENTS (BY SRI. MAHESH R UPPIN., ADVOCATE FOR R1, R2(A TO E), R3, R4 AND R6;

V/O DATED 20.02.2019 APPEAL AGAINST DECEASED R5 IS DISMISSED AS ABATED)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 01.08.2012 PASSED IN R.A.NO.373/2009 ON THE FILE OF THE ADDL. DISTRICT JUDGE, SHIMOGA, PARTLY ALLOWING THE APPEAL AND PARTLY SETTING ASIDE THE JUDGEMENT AND DECREE DTD 15.9.2009 PASSED IN OS.NO.289/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., SORABA.

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 appellants challenging the judgment and decree dated 01.08.2012 passed in RA No. 373 of 2009 by the Additional District and Sessions Judge, Shivamogga, and the judgment and decree dated 15.09.2009 passed in O.S.No.289 of

2007 on the file of learned Senior Civil Judge, Soraba.

2. For convenience, the parties are referred to based on their ranking before the trial Court. The appellants were the defendants and the respondents were the plaintiffs.

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

4. The plaintiffs filed a suit for declaration of title and permanent injunction. It is the case of the plaintiffs that one Erappa was the original propositus. He had a wife by name Basamma. Erappa and Basamma had 4 children, namely Dodda Hanumant