IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 5064 OF 2011 (PAR BETWEEN:

1. MAHADEV NARAYAN PATAGAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: NORTH KANARA-581343.

(SINCE DECEASED BY HIS LRS)

1A. VIDYA DATTATRAYA MAHADEV, AGE: MAJOR, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: UTTARA KANNADA.

1B. MALA D/O. MAHADEV MAHADEV AGE: MAJOR, Digitally signed by R/O. GUDEANGAGI, KUMTA TALUK, MALLIKARJUN RUDRAYYA KALMATH DISTRICT: UTTARA KANNADA.

Location: High Court of Karnataka, Dharwad Bench

1C. GEETHA D/O. MAHADEV MAHADEV AGE: MAJOR, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: UTTARA KANNADA.

1D. JYOTI D/O. MAHADEV MAHADEV AGE: MAJOR, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: UTTARA KANNADA.

1E. NAGARAJ S/O. MAHADEV MAHADEV AGE: MAJOR, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: UTTARA KANNADA.

1F. MAHESH D/O. MAHADEV MAHADEV AGE: MAJOR, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: UTTARA KANNADA.

2. VENKATRAMANA S/O. NARAYAN PATAGAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: NORTH KANARA-581343.

3. NAGAPPA S/O. NARAYAN PATAGAR, AGE: MAJOR, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: NORTH KANARA-581343.

4. SHRIDHAR S/O. NARAYAN PATAGAR, AGE: MAJOR, OCC: SERVICE AT KDCC BANK BHATKAL, R/O. GUDEANGADI, KUMTA TALUK, DISTRICT: NORTH KANARA-581343.

5. RAMAKRISHNA S/O. NARAYAN PATAGAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. GUDEANGAGI, KUMTA TALUK, DISTRICT: NORTH KANARA-581343.

…APPELLANTS (BY SRI J. S. SHETTY, ADVOCATE)

AND:

1. SMT. BEERU W/O. NAGAPPA PATAGAR, SINCE DECEASED BY HER LRS.

1A. GOPI W/O. HANUMANTH PATGAR, AGED ABOUT 71 YEARS, OCC: AGRICULTURE, R/O. BAAD, TALUK KUMTA, DISTRICT: UTTARA KANNADA-581343.

2. GOIDAPPA S/O. NAGAPPA PATAGAR, AGE: MAJOR, R/O. GUDEANGADI, TALUK: KUMTA, DIST: UTTARA KANNADA-581343.

3. SRI SULAPPA S/O. NAGAPPA PATAGAR, AGE: MAJOR, R/O. GUDEANGADI, TALUK: KUMTA, DIST: UTTARA KANNADA-581343.

4. SMT. JATTU W/O. NARAYAN PATAGAR, SINCE DECEASED BY HER LRS.

4A. SHANKAR S/O. NARAYANA PATAGAR, AGE: 69 YEARS, OCC: RETD. TEACHER, R/O. HERAWATTA, KUMTA TALUK, DIST: UTTARA KANNADA-581343.

4B. SRI KRISHNAPPA NARAYAN PATAGAR, AGE: 66 YEARS, OCC: RETD. TEACHER, R/O. HERAWATTA, KUMTA TALUK, DIST: UTTARA KANNADA-581343.

4C. SMT. GIRIJA ISHWAR PATAGAR, W/O. ISHWAR M. PATAGAR, OCC: TEACHER, R/O. HEGDE, TALUK: KUMTA, DIST: UTTARA KANNADA-581343. 4D. MOHINI SUBRAYA PATAGAR, AGE: 56 YEARS, OCC: RETD. TEACHER, R/O. BARGI, TALUK: KUMTA, DIST: UTTARA KANNADA-581343.

4E. SAROJINI W/O. GHATTA PATAGAR, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. POLICE QUARTERS, ANKOLA, TALUK: KUMTA, DIST: UTTARA KANNADA-581343.

4F. SMT. VIJAYA RAMA PATAGAR, AGE: 52 YEARS, OCC: HOUSEHOLD R/O BARGI,TALUK: KUMTA, DIST: UTTARA KANNADA-581343.

4G. KAMALA W/O. LAXMAN PATAGAR, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O KAGAL, TALUK: KUMTA, DIST: UTTARA KANNADA-581343.

…RESPONDENTS (BY SMT. H. N. HANCHINAMANI, ADV. FOR R1(A); NOTICE TO R2, R3, R4(A) TO R4(G) ARE SERVED)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO THE JUDGMENT AND DECREE DATED 30.09.2010, PASSED IN R.A.NO.68 AND 69/2006, BY THE SENIOR CIVIL JUDGE, KUMTA AND THE JUDGMENT AND DECREE DATED 16.01.1995 PASSED BY THE MUNSIFF, KUMTA AT: KUMTA, IN O.S.NO.85/1982, MAY KINDLY BE SET ASIDE BY ALLOWING THIS APPEAL AND SETTING ASIDE THE DECREE PASSED BY THE COURTS BELOW, WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.

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

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This regular second appeal is filed by the legal heirs of defendant No.1 and defendant No.5 calling in question the judgment and decree dated 30.09.2010 in R.A.Nos.68/2006 and 69/2006, passed by Senior Civil Judge, Kumta, Hereinafter referred to as “First Appellate Court” modifying the judgment and decree dated 16.01.1995 in O.S.No.85/1982 passed by the Munsiff Court, Ku