IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 2085 OF 2006 (DEC)

BETWEEN:

SMT. BASAMMA W/O LATE RUDRAPPA SINCE DECEASED BY L.RS

1(a) SMT. PARVATAMMA W/O THIRTHAPPA SINCE DEAD BY LR'S

1(a)(i) MAHESHWARAPPA S/O PARVATHAMMA AGED ABOUT 50 YEARS OCC: HOUSEHOLD R/O NANDIGUDI, HARIHAR TALUK DAVANAGERE.

Digitally

1(b) MANJAMMA signed by W/O HEMAPPA SUMA B N SINCE DEAD BY LRS Location:

HIGH COURT OF

1(b)(i) MANJAPPA KARNATAKA S/O MANJAMMA AGED ABOUT 40 YEARS R/O NANDIGUDI HARIHAR TALUK DIST: DAVANAGERE.

1(b)(ii) BASAVARAJAPPA S/O MANJAMMA AGED ABOUT 35 YEARS R/O NANDIGUDI, HARIHAR TALUK DIST: DEVANAGERE.

1(c) SMT. DAKSHAYANAMMA W/O RUDRAPPA, SINCE DEAD BY LRS

1(c)(i) VEERESH S/O DAKSHAYANAMMA AGED ABOUT 35 YEARS R/AT HULIGENAHALLI HARIHAR TALUK DISTRICT DAVANGERE

1(c)(ii) PRAKASH S/O DAKSHAYANAMMA AGED ABOUT 30 YEARS R/AT HULIGENAHALLI HARIHAR TALUK DISTRICT DAVANGERE

2. SRI. ONKARAPPA S/O LATE RUDRAPPA SINCE DECEASED BY HIS L.RS

2(a) NEHARAPPA, S/O LATE ONKARAPPA AGED ABOUT 37 YEARS, AGRICULTURIST

2(b) MALLESHAPPA S/O LATE ONKARAPPA AGED ABOUT 32 YEARS AGRICULTURIST

2 (c) SMT. YASHODAMMAA D/O LATE ONKARAPPA W/O CHITRAPPA AGED ABOUT 30 YEARS AGRICULTURIST ALL ARE R/O KOTEMALLUR VILLAGE HONNALI TALUK, DAVANAGERE.

2(c)(i) CHITRASHEKHARAPPA S/O LATE SRI. FAKIRAPPA AGED ABOUT 60 YEARS

2(c)(ii) HALESH S/O CHITRASHEKHARAPPA AGED ABOUT 35 YEARS BOTH ARE R/O KOTEMALLUR VILLAGE HANALI TALUK, DIST : DAVANAGERE.

3 SRI NAGAPPA S/O LATE RUDRAPPA SINCE DEAD BY LR'S

3(a) CHANDRASHEKHAR S/O NAGAPPA AGED ABOUT 45 YEARS R/AT BHADRAVATHI DIST : SHIMOGA - 577 303.

3(b) RAJU S/O NAGAPPA AGED ABOUT 41 YEARS R/AT BHADRAVATHI DIST : SHIMOGA - 577 303.

4. SRI. ERAPPA S/O LATE RUDRAPPA SINCE DEAD BY LR'S

4(a) BASAVARAJAPPA S/O LATE ERAPPA AGED ABOUT 50 YEARS R/O KOTEMALLUR VILLAGE KASABA HOBLI HONNALI TALUK DISTRICT - DAVANGERE - 577 217.

4(b) RUDRAPPA S/O LATE ERAPPA AGED ABOUT 45 YEARS R/O KOTEMALLUR VILLAGE KASABA HOBLI, HONNALI TALUK DISTRICT - 577 217.

5. SRI. MANJAPPA S/O LATE RUDRAPPA AGE:AGRICULTURISTS R/O KOTEMALLUR VILLAGE BELIMALLUR POST KASABA HOBLI, HONNALI TALUK DISTRICT DAVANAGERE-577 217.

…APPELLANTS (BY SRI. NANDISH PATIL.,ADVOCATE FOR A1 TO A4 (VK NOT FILED)

SRI. DEVANDRAPPA., ADVOCATE FOR A5)

AND:

1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE - 560 001.

2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 001

3. THE TAHSILDAR HONNALI TALUK HONNALIDIST:DAVANAGERE PIN CODE-577 217.

4. D MAHESHWARAPPA S/O HANUMANTHAPPA AGE:MAJOR OCC:AGRICULTURIST R/O KOTEMALLUR VILLAGE HONNALI TALUK DAVANAGERE DISTRICT - 577 217.

5. MAHESHWARASWAMY TEMPLE (DELETED)

REPTD BY ITS CONVENOR B.G.MAHESHWARAPPA S/O CHANNABASAPPA R/O KOTEMALLUR TQ. HONALLI, DIST:DAVANAGERE- 577 217.

6. VEERABHADRASWAMY TEMPLE (DELETED)

REPTD BY ITS CONVENOR B.B.MAHESHWARAPPA S/O CHANNABASAPPA R/O KOTEMALLUR, TQ:HONALLI, DIST:DAVANAGERE - 577 217 …RESPONDENTS (BY SRI. R.A. MACHAKANUR, AGA FOR R1 TO R3 SRI. UMESH MOOLIMANE., ADVOCATE FOR SRI. S.V. PRAKASH., ADVOCATE FOR R4;

V/O DATED 17.12.2007, R5 & R6 ARE DELETED)

THIS RFA IS FILED U/S 96 R/W ORDER 41 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 28.07.2006 PASSED IN O.S.NO.479/2002 (OLD NO.93/2002) ON THE FILE OF THE CIVIL JUDGE (SR.DN.) HARIHAR, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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

ORAL JUDGMENT

This appeal is by the plaintiffs being aggrieved by the judgment and decree dated 28.07.2006 passed in O.S.No.479/2002 (old No.93/2002) on the file of the Civil Judge (Sr.Dn.) Harihar (hereinafter referred to as 'trial Court' for short) in and by which, the trial Court has dismissed the suit of the plaintiffs for permanent and mandatory injunction.

2. Subject matter of the suit are the following properties; Schedule 'A'

The agricultural dry land bearing Sy.No.29/2 measuring 1 acres and 11 gun