IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 2452 OF 2007 (PAR)

BETWEEN:

SRI. A. SEBASTIAN S/O LATE AROGYAPPA, AGED ABOUT 64 YEARS, R/AT NO.31, BLISS COTTAGE, DODDABASAVANAPURA CHURCH STREET, VIRGONAGAR POST, BENGALURU - 560 049.

…APPELLANT (BY SRI. M. AJAY KUMAR, ADVOCATE)

AND:

1. MARITHAYAMMA W/O LATE AROGYAPPA SINCE DECEASED, REP. BY LRS.

DEFENDANTS 2 to 9.

Digitally signed

2. A. MARISWAMY by SUMA B N Location: S/O O LATE AROGYAPPA HIGH COURT SINCE DECEASED. REP.BY LRS.

OF KARNATAKA

2(a). SMT. REGINA W/O ANTHONY, D/O A. MARISWAMY, AGED ABOUT 50 YEARS, C/O FATHIMA, R/AT NEAR SEENAPPA FARM, BEHIND STELLA SILK FACTORY, NARAYANAPURA, ANEKAL, BENGALURU - 562 106.

2(b). SMT. SAROJA @ JHERASA W/O JACOB, D/O A. MARISWAMY, AGED ABOUT 46 YEARS, R/AT NO.203, B-BLOCK, MADIWALA POLICE QUARTES, D.R.C. POST, BENGALURU - 560 029.

2(c). SMT. AGNES MARY @ CHELLI D/O A. MARISWAMY AGED ABOUT 40 YEARS, R/AT NO.5, DODDABASAVANAPURA, VIRGONAGAR POST, BENGALURU - 560 049. 2(d). SMT. VERONICA W/O ANTHONY, D/O A. MARISWAMY, AGED ABOUT 35 YEARS, R/AT NO.260, R.H. COLONY, AUDUGODI, HOSUR ROAD, BENGALURU - 560 030, 2(e). SRI. BALARAJ S/O A. MARISWAMY, AGED ABOUT 30 YEARS, R/AT NO.203, B-BLOCK, MADIWALA POLICE QUARTERS, D.R.C. POST, BENGALURU - 560 029. 3. PHILOMINAMMA W/O PAPANNA SINCE DECEASED, REP. BY LRS.

3(a). SMT. POULINE W/O SRI. WILLIAM AGED ABOUT 55 YEARS.

3(b). LOURD MARY W/O BALARAJ, AGED ABOUT 56 YEARS.

3(c). SMT. P. NAKSHATRA W/O SRI. PIUS, AGED ABOUT 56 YEARS.

3(d). SMT. P. MICHEL RANI W/O LATE R. RAJANNA, AGED ABOUT 62 YEARS.

RESPONDENTS 3(a) TO 3(d) ARE R/AT SEEGEHALLI VILLAGE, VIRGONAGAR POST, BENGALURU - 560 049. 3(e). SRI. P. ABRAHAM S/O LATE PAPANNA, AGED ABOUT 43 YEARS, R/AT DODDABASAVANAPURA VILLAGE, VIRGONAGAR POST, BENGALURU - 560 049.

4. RAJU S/O LATE PAPANNA SINCE DECEASED, REP. BY LRS.

4(a). SMT. BABY @ SUSAI MARY W/O LATE RAJU, AGED ABOUT 45 YEARS. 4(b). SRI. MARI SUSAI S/O LATE RAJU, AGED ABOUT 28 YEARS.

4(c). SRI. PRAKASH S/O LATE RAJU, AGED ABOUT 26 YEARS.

4(d). SRI. PRAVEEN S/O LATE RAJU, AGED ABOUT 25 YEARS.

RESPONDENTS 4(a) TO 4(d) ARE R/AT NO.20, DODDABASAVANAPURA, BASCO STREET, VIRGONAGAR POST, BENGALURU - 560 049.

5. SRI. ANTHONY RAJ S/O LATE PAPANNA, AGE: MAJOR, R/AT DODDABASAVANAPURA, KRISHNARAJAPURAM HOBLI, BENGALURU.

6. A. CHINNAPPA S/O LATE AROGYAPPA SINCE DECEASED, REP. BY LRS.

6(a). SMT. JAYAMMA W/O LATE A. CHINNAPPA, AGED ABOUT 63 YEARS.

6(b). SRI. SAGAI RAJ S/O LATE A. CHINNAPPA, AGED ABOUT 48 YEARS.

6(c). SRI. MICHEL S/O LATE A. CHINNAPPA AGED ABOUT 46 YEARS.

RESPONDENTS 6(a) TO 6(c) ARE R/AT NO.5/40, MUNIVEERAPPA LANE, LINGARAJAPURAM, BENGALURU - 560 084.

7. A. RAYAPPA S/O LATE AROGYAPPA SINCE DECEASED, REP. BY LRS.

7(a). RAJAMMA W/O LATE RAYAPPA, SINCE DECEASED, REP. BY LR.

RESPONDENTS 7(b)-SRI. SAGAYA RAJ AND

7(c)-SRI. MICHEL.

7(b). SRI. SAGAYA RAJ S/O LATE RAYAPPA AGED ABOUT 43 YEARS.

7(c). SRI. MICHEL S/O LATE RAYAPPA, AGED ABOUT 39 YEARS.

RESPONDENTS 7(b) AND 7(c) ARE R/AT VARADARAJANAGAR, BETTADAHALLI POST, BENGALURU NORTH TALUK, BENGALURU.

8. A. GABRIAL S/O LATE AROGYAPPA, SINCE DECEASED, REP. BY LRS.

8(a). SMT. LOURDU MARY W/O LATE GABRIEL, AGED ABOUT 60 YEARS, R/AT NO.22, MARUTHI EXTENSION, HENNUR CROSS, THOMAS TOWN POST, BENGALURU - 560 084.

8(b). SMT. FATHIMA MARY W/O ANTHONY RAJ, AGED ABOUT 45 YEARS, R/AT NEAR SEENAPPA FARM, BEHIND STALLA SILK FACTORY, NARAYANAPURA, ANEKAL, BENGALURU - 562 106.

8(c). SMT. ANTHONY MARY @ JAYA W/O CHOWRAPPA, AGED ABOUT 44 YEARS, C/O LEELAMMA NO.279, VAPSANDRA, CHIKKABALLAPURA, WARD NO.1, KOLAR - 56201.

8(d). SMT. JACINTHA MARY D/O LATE GABRIEL, AGED ABOUT 42 YEARS, R/AT NO.22, MARUTHI EXTENSION, HENNUR CROSS, THOMAS TOWN POST, BENGALURU - 560 084.

8(e). SRI. BABU @ FRANK ANTHONY S/O LATE GABRIEL, AGED ABOUT 40 YEARS, R/AT SETHA NILAYA, KALAKOTTA MUNICIPAL COLONY, OPP. SAMAJA KALYAN MANTAPA, CHITRADURGA.

8(f). SRI. HARRY BERLINE S/O LATE GABRIEL AGED ABOUT 38 YEARS, R/AT NO.5/40, MUNIVEERAPPA LAN