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NC: 2026:KHC:4894

RSA No. 1618 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI

REGULAR SECOND APPEAL NO. 1618 OF 2024 (INJ)

BETWEEN:

ANDANAPPA,

S/O LATE SANNA MANJAPPA @ MANJANNA,

AGED ABOUT 73 YEARS,

AGRICULTURIST,

R/O NIDIGE , SHIVAMOGGA TALUK ,

AND DISTRICT - 577 201.

…APPELLANT

[BY SRI NARAYAN MAYYAR, ADVOCATE (PH)]

AND:

SMT L PREMA,

W/O M SIDDAPPA,

AGED ABOUT 61 YEARS,

HOUSE MAKER / HOUSEHOLD WORK,

R/O HONNAVILE VILLAGE,

BIDARE POST, NIDIGE HOBLI,

Digitally signed

SHIVAMOGGA TALUK AND DISTRICT - 577 222.

by ANUSHA V

…RESPONDENT

Location: High

Court of [BY SRI SAMPAT ANAND SHETTY, ADVOCATE (PH)]

Karnataka

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST

THE JUDGMENT AND DECREE DATED 02.09.2024 PASSED IN

RA NO.130/2022 ON THE FILE OF THE PRINCIPAL SENIOR

CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING THE APPEAL

AND SETTING ASIDE THE JUDGMENT AND DECREE DATED

22.11.2022 PASSED IN OS NO.112/2016 ON THE FILE OF THE

IV ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:4894

RSA No. 1618 of 2024

HC-KAR

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

Challenging judgment and decree dated 02.09.2024

passed by Principal Senior Civil Judge And CJM, Shivamogga,

allowing RA no.130/2022 and set-aside judgment and decree

dated 22.11.2022 passed by IV Additional Civil Judge And

JMFC, Shivamogga, in OS no.112/2016, this second appeal is

filed.

2. Sri Narayan Mayyar, learned counsel for appellant

submitted, appeal was by plaintiff in OS no.112/2016 filed for

permanent injunction restraining defendant from interfering

with plaintiff's possession and enjoyment of residential site

no.37, measuring 35 ft. X 71 ft., demand register no.41,

situated at Manchenahalli village, Nidhige Gram Panchayat,

Shivamogga, having Tamarind, Neem and Coconut trees etc.

('suit property' for short).

3. In plaint, it was stated, having purchased suit

property under registered sale deed dated 01.09.1983 from

Kumarswamy S/o Shamachar, plaintiff was put in possession

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and he became owner of suit property. Thereafter, he planted

trees thereon. It was further stated, Shamachar - father of his

vendor had filed OS no.706/1980, in which interim order of

temporary injunction was granted and though challenged in

M.A.no.7/1981, it was dismissed and later suit was ended in

compromise.

4. It was further stated, defendant claiming to be have

purchased site, attempted to interfere with plaintiff's

possession. It was stated, plaintiff had showed title documents

to defendant and also filed application with Gram Panchayat to

take action against defendant. But on 30.01.2016, defendant

accompanied with bad elements attempted to interfere with

plaintiff's possession. Same was somehow resisted and

thereafter, suit was filed.

5. On appearance, defendant filed written statement

denying plaint averments. It was stated, though, it appeared

Shamachar had filed suit against Lakshmappa and his son -

Raja and suit schedule therein was site no.37 and Khanesumari

no.41, measuring 35 ft. X 71 ft., identity of same was not

established. Appending rough sketch, it was stated, plaintiff's

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property was shown with letters 'ABCD', school building with

'EFGH' and Government property with letters 'KDAEHJK'. It was

stated towards north site of Ramappa and Lakshmappa, (five

sites measuring 120 ft. X 40 ft.) and on eastern side 4 sites

measuring 25 ft. X 60 ft. existed. It was stated, defendant had

purchased site marked with letters 'LMNKJ' measuring (62 ft. +

76 ft.)/2 X 200 ft., from Smt.Jayashree W/o Sureshkumar and

others under registered sale deed dated 09.12.2015, identified

in 11-E sketch drawn on 08.08.2015. It was stated, property

was described with correct boundaries in sale deed and

referring to same, Form no.9 was issued by Gram Panchayat. It

was s