IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.5056 OF 2011 (DEC/INJ)

BETWEEN:

1. SHRI SHRIKANT BASAGOUDA KALAMADI, AGE: MAJOR, OCC: AGRIL.

R/O. HALALLI-591304, TAL: ATHANI, DIST: BELGAUM.

2. SHRI SHRIMANT BASAGOUDA KALAMADI, SINCE DECEASED BY HIS LR’S.

2A. SHANTAVVA W/O. SHRIMANT KALAMADI, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. HALALLI-591304, TAL: ATHANI, DIST: BELGAUM.

2B. SMT. MAHANANDA W/O. SANTOSH KHOT, Digitally signed by MALLIKARJUN AGE: 22 YEARS, OCC: HOUSEHOLD WORK, RUDRAYYA KALMATH R/O. SHILAKOD-416216, Location: High Court of Karnataka, TAL: KAGAL, DIST: KOLHAPUR.

Dharwad Bench

2C. SRI BASAPPA SHRIMANT KALAMADI, AGE: 19 YEARS, OCC: AGRICULTURE, R/O. HALALLI-591304, TAL: ATHANI, DIST: BELGAUM.

3. SMT. NEELAVVA W/O. SANGAPPA KALAMADI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. HALALLI-591304, TAL: ATHANI, DIST: BELGAUM.

4. SHRI ASHOK SANGAPPA KALAMADI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. HALALLI-591304, TAL: ATHANI, DIST: BELGAUM.

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

AND:

SMT. SIDALINGAVVA W/O. APPASAHEB KALAMADI, AGE: MAJOR, OCC: HOUSEHOLD & AGRIL.

R/O ARATAL-591304, TAL: ATHANI, DIST. BELGAUM.

…RESPONDENT (BY SRI SRIKANT T. PATIL AND SRI ROHIT PATIL, ADVOCATES.)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.08.2010 PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT, ATHANI, IN R.A.NO.55/1994 AND THE JUDGMENT AND DECREE DATED 26.07.1994 PASSED IN O.S.NO.270/1986 BY THE MUNSIFF COURT, ATHANI, AND FURTHER TO DISMISS THE SUIT O.S.NO.270/1986, BY ALLOWING THIS APPEAL WITH COSTS IN THE INTEREST OF JUSTICE.

THIS APPEAL COMING ON FOR DICTATING JUDGMENT, 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 defendants calling in question the judgment and decree dated 28.08.2010, passed in R.A.No.55/1994, by the Fast Track Court, Athani (First Appellate Court), which confirms the judgment and decree dated 26.07.1994, passed in O.S.No.270/1986, by the Munsiff Court, Athani (Trial Court), thereby the suit filed for declaration and injunction is decreed and confirmed in the Regular Appeal. Therefore, against the concurrent finding of fact, the present Regular Second Appeal is filed by the defendants.

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

3. The plaintiff has filed suit for declaration and injunction making pleadings in the plaint that one Iragouda is the original propositus, who died leaving behind his three sons namely Sidagouda, Basagouda and Rayagouda. For easy reference, the genealogy is reproduced as under:

Iragouda (Dead long back)

Shidagouda @ Babanna Basagouda Rayagouda (Dead in 1965) (Dead 15 (dead about Years back) 32 years back)

Bhagirathi (dead) Bhagirathi (dead)

Appasaheb (dead Irappa on 10.10.1975) (dead)

Sidalingavva Sangappa Shrikant Shrimant (Plaintiff) (Deft.-1) (Deft.-2)

Neelavva Dhareppa (Deft.-3) Ashok (Deft.-4)

4. The 3^rd son Rayagouda died long back issueless.

The plaintiff is wife of Appasaheb who is son of Sidagouda. Irappa who is son of Sidagouda died unmarried. The defendants are children of Basagouda. It is stated that after death of Iragouda, Basagouda started managing affairs of the family and during the year 1965, there was a family arrangement between the said Basagouda and Appasaheb.

Therefore, as per this family settlement/arrangement, the suit Sy.Nos.134/2A and 161/2A described in the schedule in the plaint have fallen to the share of Appasaheb who is representing the property of Sidagouada and other land Sy.Nos.134/2B and 161/2B fell to the share of Basagouda. Thus, the said family settlement was happened and the same is reported to the revenue authorities and as per wardi, mutation entry No.564 was effe