IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO.1177 OF 2009 (DEC/INJ)

BETWEEN:

1. N. RAMASWAMY SINCE DECEASED, REP. BY LRS.

1(a). ASHIKA D/O LATE N. RAMASWAMY, AGED ABOUT 25 YEARS.

1(b). KUM. BEENA R.

D/O LATE N. RAMASWAMY, AGED ABOUT 19 YEARS.

BOTH ARE R/AT:DODDA BANASWADI POST OFFICE BUILDING, ANJANEYA SWAMY TEMPLE STREET, BENGALURU - 560 021.

…APPELLANTS (BY SRI. S.N. ASHWATHNARAYANA, SENIOR COUNSEL FOR SRI. S.A. SUDHINDRA, ADVOCATE)

Digitally signed by AND:

SUMA B N Location:

HIGH 1. THE CHIEF SECRETARY COURT OF STATE OF KARNATAKA, KARNATAKA VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

2. THE TAHSILDAR K.R. PURAM, BENGALURU EAST TALUK.

…RESPONDENTS (BY SMT. H.R. AMARAVATHI, AGA FOR R1 & R2)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 21.08.2009 PASSED IN ORIGINAL SUIT NO.1356 OF 2007 ON THE FILE OF THE XL ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is by the unsuccessful plaintiff aggrieved by the judgment and decree dated 21.08.2009 passed in Original Suit No.1356/2007 on the file of the XL Additional City Civil Judge, Bengaluru (CCH-41) (for short, hereinafter referred to as 'trial Court').

2. Subject matter of the suit is land measuring 6 guntas in Survey No.13 situated at Banaswadi Village, K.R. Puram Hobli, Bengaluru East Taluk bounded on East by: Kana of Jayarama Reddy; West by: Papaiah's Ashrama Sy.No.2/1; North by: Kana of Jayarama Reddy and South by: Main Road (hereinafter referred to as 'suit schedule property').

3. The plaintiff filed the above suit, seeking declaration that he is the absolute owner of the suit schedule property having perfected his title by adverse possession and consequent relief restraining the defendants from interfering with his possession over the suit schedule property contending interalia that (a) suit schedule property formed part of the Government land measuring 9 acres 21 guntas bearing Sy.No.13 of Banaswadi Village. That plaintiff is in possession and enjoyment of the suit schedule property. That his father Thogur Nagappa was in possession of the suit schedule property for over fifty years. He had constructed a residential house in a portion of suit schedule property and remaining land was kept vacant. He was in continuous physical and peaceful possession of the same till his demise on

12.12.1996.

(b) That in the year 1967, the father of the plaintiff Thogur Nagappa had filed a suit in O.S.No.681/1967 against one Thogur Nanjappa and others for the relief of permanent injunction restraining them from interfering with his possession over suit schedule property. The said suit was decreed. Thus, clearly establishing the fact that the suit schedule property was in possession of the father of the plaintiff for over forty years.

(c) That after the demise of his father, the plaintiff has been in continuous possession of the suit schedule property without any interruption to the knowledge of the Government.

(d) That the plaintiff and his father have paid property taxes to the Government and same was accepted even during the year 1965-66. In recognition of the possession of the father of the plaintiff in the suit schedule property, the Tahsildar, Bengaluru East Taluk had even mutated his name in the revenue records. That suit schedule property has seized to be an agricultural land as there exists residential building and shops. Grama Panchayath of Banaswadi has registered the name of the plaintiff in its revenue records assigning the house list No.306/1. Plaintiff has been exercising possessory rights for more than 70 years. He is exercising his rights as evidenced by RTC extracts, demand register extract and ele