IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14^TH DAY OF JANUARY, 2026 R BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 1026 OF 2007 (INJ)

BETWEEN:

SHRI NAGAPPA YALLAPPA PATIL, SINCE DECEASED BY LRS.

1. SMT. TANGEWA W/O. NAGAPPA PATIL, AGE: 70 YEARS OCC: HOUSEHOLD, R/O. MANGYANKOP-591302, TAL: KHANAPUR, DIST. BELGAUM.

SINCE DECEASED BY HER LRS.

2. SHRI NINGAPPA NAGAPPA PATIL, AGE: 55 YEARS, OCC: SERIVCE, R/O. 1638, SECTOR NO.8, ANJANEY NAGAR, BLEGUAM-590016.

3. SHRI VITHAL NAGAPPA PATIL, AGE: 50 YEARS, OCC: AGRICULTURE, Digitally signed by MALLIKARJUN RUDRAYYA R/O. MANGYANKOP-591302, KALMATH Location: High Court of TAL: KHANAPUR, DIST. BELGAUM.

Karnataka, Dharwad Bench

4. SRI RAMESH NAGAPPA PATIL, AGE: 40 YEARS, R/O. MANGYANKOP-591302, TAL: KHANAPUR, DIST. BELGAUM.

5. SRI VIJAY NAGAPPA PATIL, AGE: 30 YEARS OCC: SERVICE, R/O. POLICE QUARTERS, NIPANI-591237, TALUK: CHIKODI, DIST. BELGAUM.

6. SMT. MALLAWA W/O. KRISHNA PATIL, AGE: 52 YEARS OCC: HOUSHOLD, R/O. MASKENHATTI-591302, TAL: KHANAPUR, DIST. BELGAUM.

7. SMT. AWAKKA W/O. TOPANNA HANABAR, AGE: 51 YEARS, OCC: AGRICUTLURE, R/O. VEERAPPANKOPP, POST MUTNAL, TAL. & DIST. BELGAUM-590001. SINCE DECEASED BY HER LR’S.

7A. TOPANNA MOKAPPA HANABAR, AGE: 77, OCC: AGRIL.

R/O. VEERAPPANKOPP, POST: MUTNAL, TQ. & DIST. BELAGAVI.

7B. MOKAPPA TOPANNA HANABAR, AGE: 48, OCC: AGRIL.

R/O. VEERAPPANKOPP, POST: MUTNAL, TQ. & DIST. BELAGAVI.

7C. MANJULA W/O. VIJAY PATIL, AGE: 45, OCC: HOUSEHOLD, R/O. POLICE HEAD QUARTUS, NIPPANI, DIST. BELAGAVI.

8. SMT. SUSHILA W/O. YALLAPPA MUMMINAGATTI, AGE: 35 YEARS OCC: SERVICE, R/O. C/O. RANGE FOREST OFFICE, DHARWAD-580001.

…APPELLANTS (BY SRI B. S. KAMATE, ADVOCATE.)

AND:

SHRI GIREPPA GANGAPPA ITAGIKAR, AGE: 75 YEARS, OCC: AGRICULTURE, R/O. MANGYANKOP-591302, TAL: KHANAPUR, DIST. BELGAUM.

…RESPONDENT (BY SRI ASHOK R. KALYANASHETTY, ADVOCATE)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO AFTER CALLING FOR THE RECORDS AND PROCEEDINGS OF THE CASE, THE JUDGMENT AND DECREE DATED: 22.01.2007 PASSED BY THE LEARNED IIND ADDL. CIVIL JUDGE (SR.DN), BELAGAVI AT: KHANAPUR IN R.A.NO.308/99 AND THE JUDGMENT AND DECREE DATED 31.08.1999 PASSED BY THE LEARNED ADDL. CIVIL JUDGE (JR.DN), KHANAPUR IN O.S.NO.72/1992 MAY KINDLY BE SET ASIDE BY ALLOWING THIS R.S.A. WITH COSTS IN THE INTEREST OF JUSTICE.

THIS APPEAL, COMING ON FOR FURTHER HEARING, 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 defendant challenging the judgment and decree dated 22.01.2007 passed in R.A.No.308/1999 on the file of II Additional Civil Judge (SR.DN.), Belagavi, Hereinafter referred to as the ‘First Appellate Court’, which confirmed the judgment and decree dated 31.08.1999 passed in O.S.No.72/1992 on the file of Additional Civil Judge (JR.DN.) and JMFC, Khanapur², thereby the suit for permanent and mandatory injunction was decreed and the defendant was permanently restrained from interfering with the plaintiff’s possession of the suit property and further directed to remove the gobar gas plant constructed by him in the suit

Hereinafter referred to as the ‘Trial Court’

property by way of mandatory injunction, which is confirmed by the First Appellate Court.

2. Being aggrieved by the said judgments and decrees passed by the Trial Court and the First Appellate Court, the defendant has preferred the present regular second appeal.

3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the Trial Court.

4. The plaintiff filed a suit for permanent and mandatory injunction. The prayer for mandatory injunction has the effect of directing the defendant to remove the gobar gas plant constructed and installed on a portion of the suit schedule property. It is pertinent to mention here that the plaintiff has not sought any relief of declaration. The plaintiff has described the suit