IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 885 OF 2023 (PAR/INJ)

BETWEEN:

1. JYOTHAIAH S/O LATE SIDDESHWARAIAH AGED 45 YEARS

2. NAGARAJ S/O LATE SIDDESHWARAIAH AGED 38 YEARS

3. SMT. SHARADA D/O LATE SIDDESHWARAIAH AGED 47 YEARS

4. L. BASAVARAJAIAH S/O LATE LNAGPPA @ DODDAPPAIAH AGED 75 YEARS 5. L SOMAIAH Digitally signed S/O LATE LNAGPPA @ DODDAPPAIAH by SHARADAVANI AGED 68 YEARS B Location: High Court of

6. SMT. NETHRA Karnataka D/O LATE L DEVARAJ AGED 32 YEARS 7. SMT. KALA W/O LATE MAHADEVAIAH AGED 47 YEARS

8. DEEPA D/O LATE MAHADEVAIAH AGED 28 YEARS ALL ARE RESIDING AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099.

…APPELLANTS (BY SRI. B RAMESH, ADVOCATE)

AND:

1. RENUKAPPA S/O LATE G SIDDAPPA AGED 79 YEARS.

LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.1.

1(a) SMT. DEVARAMMA W/O. LATE RENUKAPPA AGED 76 YEARS, 1(b)

SRI KUMAR H.R.

S/O.LATE RENUKAPPA AGED 53 YEARS.

1(c)

SURESH H.R.

S/O. LATE RENUKAPPA AGED 48 YEARS.

1(d)

MAHESH H.R.

S/O.LATE RENUKAPPA AGED 45 YEARS.

RESPONDENTS NO.1(A) TO 1(D)

ARE RESIDING AT HENNAGARA VILLAGE, HENNAGARA POST, JIGNI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-560 099.

2. JYOTHAIAH S/O LATE G SIDDAPPA AGED 77 YEARS

3. NAGARAJU S/O LATE G SIDDAPPA AGED 73 YEARS

4. SHAMANNA S/O LATE G SIDDAPPA AGED 71 YEARS.

SINCE DECEASED REP. BY HIS LRs.

4(A). SMT. LALITHAMMA W/O LATE SHAMANNA AGED ABOUT 59 YEARS

4(B). SHANKAR S/O LATE SHAMANNA AGED ABOUT 35 YEARS

4(C). SIDDESH S/O LATE SHAMANNA AGED ABOUT 31 YEARS 4(D). JYOTHIPRASAD S/O LATE SHAMANNA AGED ABOUT 29 YEARS RESP. 4(A) TO 4(D) ARE RESIDING AT HENNAGARA CILLAGE AND POST JIGANI HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099.

5. GANGAPPA S/O LATE G SIDDAPPA AGED 69 YEARS

6. REVAMMA D/O LATE G SIDDAPPA AGED 73 YEARS ALL ARE RESIDING AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099.

7. ANTHONY @ TONY S/O LATE JYOTHAPPA AGED 65 YEARS, R/A BEGUR VILLAGE, BEGUR HOBLI, BENGALURU.

8. M/S AMOGHA SHELTERS PVT. LTD., REP BY ITS PARTNER, NHR PRASAD REDDY HAVING OFFICE AT NO 5, 13TH CROSS, 9TH MAIN HSR LAYOUT, VI SECTOR, BENGALURU - 560 103.

9. N.S. BHASKAR REDDY S/O N.S. SHIVA REDDY AGED 57 YEARS R/A NO. 5, 13TH CROSS, 9TH MAIN HSR LAYOUT, BENGALURU - 560 103.

10. JYOTHAIAH S/O NANJAPPA AGED 75 YEARS, 11. CHANDRANNA S/O NANJAPPA AGED 73 YEARS.

SINCE DECEASED REP. BY HIS LRs.

11(A). BASAVARAJU C. S/O LATE CHANDRANNA AGED ABOUT 45 YEARS

11(B). JAYANNA C S/O LATE CHANDRANNA AGED ABOUT 40 YEARS RESPONDENTS NO.10, 11(A) & 11(B)

ARE RESIDING AT HENNAGARA VILLAGE AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099.

12. RATHNAMMA D/O SIDDAPPA AGED 58 YEARS, R/A HARIHARA MAIN ROAD, KONANAKUNTE, BENGALURU - 560 060.

13. RAJASHEKAR S/O LATE BASAVARAJAPPA AGED 52 YEARS

14. PUTTAMMA D/O LATE BASAVARAJAPPA AGED 52 YEARS

15. NARAGAJ S/O LATE BASAVARAJAPPA AGED 46 YEARS

16. MANJULA D/O LATE BASAVARAJAPPA AGED 44 YEARS RESPONDENTS NO.13 TO 16 ARE RESIDING AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099.

…RESPONDENTS (BY SRI. DHANANJAY JOSHI, SR. COUNSEL FOR SRI. LOKESH S.G, ADVOCATE FOR R1(A TO D), R2, R3, R4(A TO D), R5 AND R6;

SRI. KASHYAP N. NAIK, ADVOCATE FOR R10, R11(A & B) R12 TO R16;

VIDE ORDER DATED 04.04.2024, NOTICE TO R7 TO R9 DISPENSED WITH AT RISK OF APPELLANT)

THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.01.2022 PASSED IN RA NO.5053/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL ALLOWING AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.11.2018 PASSED IN OS NO.760/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL.TRIAL COURT DISMISSED THE SUIT APPELLATE COURT ALLOWED THE SUIT FOR PARTITION AND INJUNCTION.

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

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

Challenging judgment and decree dated 07.01