IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 863 OF 2009 (INJ-)

BETWEEN:

V. JAYAMMA W/O. RAMACHANDRA AGED ABOUT 52 YEARS R/AT PINDINAGARA VILLAGE YELDUR HOBLI SRINIVASPUR TALUK KOLAR DISTRICT-572338.

…APPELLANT (BY SRI GA SRIKANTE GOWDA, ADVOCATE)

AND:

1 . GULAB JAN W/O. LATE ABDUL JABBAR AGED ABOUT 58 YEARS

2 . ALEEMULLA CHANDRASHEKAR S/O. LATE ABDUL JABBAR LAXMAN KATTIMANI AGED ABOUT 38 YEARS DCLAHig XAit MNal ADy NR s AK igSA nHT eET dKI M bAy ARNI LKD07 oaa c 0 rtena 0: ta i 2toa0 nk2 :a 6 H, .D0 ig 4hh .a1 Cr7wo 2 ua2 rdt : 3 Bo 4ef :n3c1h - 3 . NOORULLA S/O. LATE ABDUL JABBAR AGED ABOUT 38 YEARS

4 . NASRULLA S/O. LATE ABDUL JABBAR AGED ABOUT 26 YEARS

5 . AFZAL PASHA S/O. LATE ABDUL JABBAR AGED ABOUT 27 YEARS RESPONDENTS NO.1 TO 5 ARE R/AT ELAHEE MANZIL OPP. TO H.P. PLAZA RAHAMATH NAGAR CHIKKABALLAPUR ROAD KOLAR TOWN-572338.

6 . VENKATAPPA S/O. GURAPPA AGED ABOUT 65 YEARS R/AT PINDINAGARA VILLAGE YELDUR HOBLI SRINIVASAPUR TALUK KOLAR DISTRICT.

7 . G. MANJUNATHA S/O. LATE GIREGOWDA AGED ABOUT 49 YEARS R/AT PINDINAGARA VILLAGE YELDUR HOBLI SRINIVASAPUR TALUK KOLAR DISTRICT-572338.

…RESPONDENTS (BY SRI V. VINOD REDDY, ADVOCATE FOR R7;

NOTICE TO R1 TO R5 - SERVED AND UNREPRESENTED;

SRI SAMPATH A., ADVOCATE FOR R6)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 25.04.2009 PASSED IN R.A.NO.170/2008 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR. DN.) AND CJM, KOLAR, ALLOWING THE APPEAL AND SETING ASIDE THE JUDGEMENT AND DECREE DATED 19.06.2008 PASSED IN O.S.NO.109/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR. DN.) AND JMFC, SRINIVASAPUR.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 06.03.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THROUGH VC FROM DHARWAD BENCH, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

CAV JUDGMENT

Challenging judgment and decree dated 25.04.2009 passed by I Addl. Civil Judge (Sr.Dn.), Kolar, in RA no.170/2008 and judgment and decree dated 19.06.2008 passed by Principal Civil Judge (Jr.Dn.), Srinivaspur, in OS no.109/2025, this appeal is filed.

2. Sri GA Srikante Gowda, learned counsel for appellant submitted appellant was defendant no.2 in OS no.109/2005 for decree of permanent injunction and for declaring judgment and decree passed in OS no.135/2004 as not binding on him etc. Said suit was filed by G. Manjunatha – plaintiff against Abdul Jabbar - defendant no.1, V. Jayamma - defendant no.2 and Venkatappa – defendant no.3.

3. In plaint, it was stated plaintiff’s father – Giregowda got 2 Acres 24 guntas of land in Sy.no.67/3, situated at Pindiganagara village, Srinivaspur Taluk ('suit property' for short) from Chikkamuniswamy S/o Sonnappa and his name entered in revenue records. That prior to his death Chikkamuniswamy had executed agreement of sale in favour of Giregowda on 15.08.1966 by receiving entire agreed sale consideration of Rs.150/- and delivered possession. And after death of plaintiff’s father, plaintiff continued in possession, wherein they had planted Eucalyptus. It was stated that defendant no.1, owner of Sy.no.67/1 measuring 1 Acre 28 guntas situated at Pindiganagara sold it to defendant no.2 under registered Sale Deed dated 19.09.1992, who in turn sold it to defendant no.3 under registered Sale Deed on 06.03.2004. But said sale-deeds were with incorrect boundaries and description of property. Though defendant no.2 was not concerned with property of Chikkamuniswamy, she filed OS no.135/2004 against defendant no.1 for declaration of title and for correction of Sy.no.67/1 measuring 1 Acre 28 guntas as Sy.no.67/3 measuring 2 Acres 24 guntas in sale deed. Said suit ended in collusive compromise, with intention of grabbing suit property from plaintiff. Therefore said decree was not binding on plaintiff. And though defendant no.2 was not in possession, she tried to interfere with plaintiff’s possession on 09.0