IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1653 OF 2021 (RES)

BETWEEN:

1. SMT. MANIKYAMMA D/O LATE VENKATASWAMY AGED ABOUT 71 YEARS R/AT NO.131/1, AND NEW NO.U-17 AND 15 , J J NAGAR, RAYAPURA MAIN ROAD GORIPALYA, BANGALORE - 560 018.

2. SMT ARUN KUMARI D/O MUNI BHADRAIAH AGED ABOUT 45 YEARS

3. SRI PADMA NAGA S/O MUNI BHADRAIAH AGED ABOUT 43 YEARS

4. SRI PADMA BHUSHAN S/O MUNI BHADRAIAH AGED ABOUT 40 YEARS Di gitally signed by CHANDANA 5. SRI GOWRI SHANKAR B M S/O MUNI BHADRAIAH Location: AGED ABOUT 37 YEARS High Court of Karnataka 6. SRI CHETHAN KUMAR S/O MUNI BHADRAIAH AGED ABOUT 33 YEARS APPELLANT NO. 2 TO 6 ALL R/AT CHEKENA HALLI VILLAGE KESARAMUDA POST, HURIDIGERE HOBLI TUMKUR TALUK TUMKUR DISTRICT – 572 122.

…APPELLANTS (BY SRI. C R SUBRAMANYA, ADVOCATE)

AND:

1. SRI. C. VITTAL KUMAR S/O LATE D CHIKKAGIRIYAPPA AGED 39 YEARS R/AT ODL NO.130, NEW NO.2/1 J J NAGAR, RAYAPURA MAIN ROAD GORIPALYA BANGALORE - 560 018.

2. SRI. SRINIVAS S/O LATE D CHIKKAGIRIYAPPA AGED ABOUT 39 YEARS R/AT ODL NO.130, NEW NO.2/1 J J NAGAR, RAYAPURA MAIN ROAD GORIPALYA, BANGALORE - 560 018.

3. SMT PARVATHI D/O LATE DODDAGIRIYAPPA AGED 57 YEARS

4. SRI BANGARADA GIRI S/O LATE DODDAGIRIYAPPA AGED 53 YEARS

5. SRI CHINNADAGIRI S/O LATE DODDAGIRIYAPPA AGED 51 YEARS

6. SRI THUKARAM S/O LATE DODDAGIRIYAPPA AGED 37 YEARS

7. SRI MANJUNATH S/O LATE DODDAGIRIYAPPA AGED 32 YEARS SINCE DECEASED R-3 TO R-10 ARE HIS LRS ALREADY ON RECORD.

AMENDED CARRIED OUT ON

11.11.2025 AS PER ORDER DATED: 11.11.2025.

8. SMT PUSHPALATHA D/O LATE DODDAGIRIYAPPA AGED ABOUT 41 YEARS

9. SRI ANANDA S/O LATE DODDAGIRIYAPPA AGED ABOUT 41 YEARS

10. SRI RAVI KUMAR S/O LATE DODDAGIRIYAPPA AGED 38 YEARS R-1 TO R-10 ARE ALL R/AT 1/1, OLD NO. 131, J.J.NAGAR RAYAPURA MAIN ROAD GORIPALYA, BENGALURU – 560 018.

11. SRI. MUNI BHADRAIAH S/O HOSALAIAH AGED ABOUT 73 YEARS

12. SRI. NAVEEN SHANKARA S/O MUNI BHADRAIAH AGED ABOUT 48 YEARS.

R-11 & R-12 ARE R/AT CHEKENA HALLI VILLAGE KESARAMUDA POST HURDIGERE HOBLI, TUMKUR TALUK AND DISTRICT – 572 101.

…RESPONDENTS (BY SRI. GIRIDHAR S V, ADVOCATE FOR C/R-9 & R-10 AND ALSO R-1 TO R-6 & R-8 VIDE ORDER DATED: 11.11.2025 R-9 TO R-10 ARE TREATED AS LR’S OF DECEASED R-7)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 11.01.2021 PASSED IN MIS.NO.451/2013 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY ALLOWING THE PETITION FILED UNDER SEC.144 OF CPC. THIS APPEAL IS BEING HEARD AND RESERVED ON 08.12.2025 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

CAV JUDGMENT

This appeal by the respondents in Misc.No.451/2013 is directed against the impugned order dated 11.01.2021 passed by the XIX Addl.City Civil and Sessions Judge, Bangalore, whereby the said petition filed by respondents 1 to 10 under Section 144 CPC was partly allowed by the trial court, thereby directing the petitioners to hand over possession of the schedule property to the respondents 1 to 10 within a period of three months.

2. For the sake of convenience, the parties are referred to their rankings before the trial court.

3. Brief facts giving rise to the present appeal are as under:- Respondents 1 to 10 instituted the aforesaid petition in Misc.No.451/2013 invoking Section 144 CPC seeking restoration of the schedule property from the petitioners and for other reliefs interalia contending that they were illegally dispossessed from the property, pursuant to the final decree in FDP No.62/2000 which was executed in Ex.No.783/2003 before the trial court. It is contended that the petitioners herein along with their mother had instituted a suit in O.S.No.1799/1967 seeking 1/3^rd share in the property bearing Municipal No.131/1 without providing measurements and the said suit having been decreed by the trial court, the petitioners instituted a final decree proceedings in FDP No.62/2000, in w