IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8^TH DAY OF APRIL 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO. 5190 OF 2010 (DEC/INJ)

BETWEEN

1. NINGAPPA S/O. NARAYAN BADIGER, AGE: 49 YEARS, OCC: CARPENTER, 2. CHANDRAKANT S/O. NARAYAN BADIGER, AGE: 45 YEARS, OCC: MILL WORKER, 3. SANJEEVKUMAR S/O. NARAYAN BADIGER, AGE: 42 YEARS, OCC: AGRICULTURE, 4. SMT. SAVITRIBAI W/O. NARAYAN BADIGER, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, Digitally signed by BHARATHI H M Location: HIGH COURT OF (ALL ARE R/O. KONNUR, TQ: GOKAK, KARNATAKA, D D H at A e: R 2 W 0 A 2 D 6. 0 B 4 E . N 10 CH DIST: BELGAUM-591307)

11:59:33 +0530 ...APPELLANTS (BY SRI. DINESH M. KULKARNI, ADVOCATE)

AND SMT. RATNAVVA W/O. HANAMANT BADIGER, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. KONNUR, TQ: GOKAK, DIST: BELGAUM-591307.

…RESPONDENT (BY SRI. BAHUBALI N. KANABARGI, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE PASSED BY 2^ND ADDITIONAL CIVIL JUDGE (SR.DN) GOKAK DATED 08-01-2010 IN R.A.NO.2/2007 IN REVERSING JUDGMENT AND DECREE PASSED BY THE ADDITIONAL CIVIL JUDGE (JR.DN) GOKAK DATED 13.11.2006 IN O.S.NO.302/2002 IN SO FAR AS GRANTING RELIEF OF PERMANENT INJUNCTION AND CONFIRMING FINDING ON RELIEF OF DECLARATION AND SET ASIDE JUDGMENT AND DECREE PASSED BY THE ADDITIONAL CIVIL JUDGE (JR DN) GOKAK DATED 30.11.2006 IN O.S.NO.302/2002 IN SO FAR AS RELIEF OF DECLARATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 13.03.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

CAV JUDGMENT

The appellants/plaintiffs have filed this appeal under Section 100 of the Code of Civil Procedure, 1908 (in short CPC) praying for setting aside the judgment and decree dated 08.01.2010 passed in R.A.No.2/2007 on the file of II Additional Senior Civil Judge, Gokak (for short, ‘First Appellate Court’) and to restore the judgment and decree dated 30.11.2006 in O.S.No.302/2002 in granting the relief of permanent injunction and confirming finding on the relief of declaration; to set aside the judgment and decree passed by the Additional Civil Judge, Gokak (for short, ‘Trial Court’) in O.S.No.302/2002 insofar as the relief of declaration and for such other reliefs.

2. Parties would be referred with their ranks as they were before the Trial Court for the sake of convenience and clarity.

3. Plaintiffs have filed the suit before Trial Court praying for the relief of declaration that plaintiffs are absolute owners of suit schedule property and consequently grant relief of permanent injunction restraining the defendant from causing obstruction for the use and enjoyment of the suit schedule property and also in performing the Pooja and Jathra etc., in any manner; for court costs and for such other reliefs.

4. The case of plaintiffs before the Trial Court in nutshell is that suit schedule property bearing TMC No.464, (correspondence No.409) consisting of Deity of Dyamawwa as Sri Dyamawwa Temple situated within Town Municipal limits of Konnur village, Gokak Taluk. Plaintiffs No.1 to 3 are sons and plaintiff No.4 is the wife of deceased Narayan Ningappa Badiger. Father of plaintiffs No.1 to 3 died in the year 1995 at Konnur Village. After his death, plaintiffs were his only legal heirs, who have succeeded to the suit schedule property and other family properties. Father of plaintiffs was given in adoption to one Ningappa Badiger. After death of adopted father, the father of plaintiffs No.1 to 3 succeeded to the property. After his death, name of father of plaintiffs No.1 to 3-Narayan entered in the revenue records. After death of father of plaintiffs No.1 to 3, name of plaintiffs is entered in the revenue records. Thus, plaintiffs have succeeded to the suit schedule property and are performing Pooja of Deity Dyamawwa. Grandfather of plaintiffs No.1 to 3 has constructed the temple in suit schedule prop