IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1662 OF 2023 (INJ)

BETWEEN:

SHIVANANDA AGED ABOUT 62 YEARS, S/O LATE VEEREGOWDA MUDDENAHALI HONNAVALLI HOBLI, TIPTUR TALUK TUMAKURU DISTRICT - 572101 …APPELLANT (BY SRI. VINAYA KEERTHY M., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA BENGALURU-560001 Digitally signed by B LAVANYA 2. THE SECRETARY Location:

DEPT OF FORESTS, HIGH COURT OF GOVT OF KARNATAKA KARNATAKA VIKASA SOUDHA BENGALURU-560001

3. DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101

4. DISTRICT FOREST OFFICER TUMAKURU DISTRICT TUMAKURU-572101

5. RANGE FOREST OFFICER CHIKKANAYAKANA HALLI CHIKKANAYAKANA HALLI TALUK TUMAKURU DISTRICT-572101 …RESPONDENTS (BY SRI. B.S. GURSWAMY, AGA FOR R1 TO R5)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.06.2023 PASSED IN RA.NO. 31/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.03.2018 PASSED IN O.S.NO.134/2014 ON THE FILE OF THE C/c. ADDITIONAL CIVIL JUDGE AND JMFC, TIPTUR.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Heard learned counsel for the appellant.

2. This appeal is preferred by the plaintiff challenging the judgment and decree passed by the Senior Civil Judge and JMFC-Tiptur in RA.No.31/2018 dated

12.06.2023, dismissing the appeal filed by the appellant/plaintiff and confirming the judgment and decree dated 01.03.2018 passed by the C/c Additional Civil Judge and JMFC, Tiptur in O.S.No.134/2014.

3. Parties to the proceedings shall be referred to as plaintiff and defendants for the sake of brevity.

4. The brief facts of the case are as follows:

Plaintiff filed suit for permanent injunction restraining the defendants from interfering with plaintiff's peaceful possession and enjoyment of the suit schedule property. It is the say of plaintiff that originally the suit schedule property belonged to Government of Karnataka. The Tahsildar Tiptur has granted the said suit land, in favour of plaintiff under a grant certificate dated 18.03.1997. It is also claimed by the plaintiff that he is possession and enjoyment of the suit schedule property since from the date of grant, enjoying the same by changing the khata and other revenue entries in mutation entry number

9/2000-01.

5. He is also paying the land revenue on the suit property. It is the say of the plaintiff that the defendants have no manner of right, title, interest or possession over the suit schedule property. Defendants started to interfere more specifically; defendant No.5 was trying to encroach on the suit schedule property and attempted to trespass into the suit schedule property to dig in the suit schedule property without any notice to the plaintiff. Therefore, the plaintiff filed suit against the defendants for the relief of permanent injunction.

6. Upon service of the summons to the defendants, a written statement was filed by defendant No.5. The other defendants adopted the written statement of defendant No.5, denied the entire plaint averments, and pleaded that the suit is not maintainable in view of Section

80 of CPC and also under Section 2 of the Forest Conservation Act 1980.

7. It was further pleaded that the Government of Mysore sanctioned land at Chikkanayakannahally and Tiptur Taluk measuring totally 3035 acres and 01 guntas, and the same was classified as 'A', 'B' and 'C' and named Kamalapura State Reserve Forest under Government notification. No. AF9044FT195/49-4. It is also pleaded that the entire land is in possession of the government under the control of the Forest Department.

8. It is also pleaded that the plaintiff has created a grant certificate in collusion with the revenue officials without obtaining any necessary permission from the Fores