IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 1515 OF 2018 (DEC/INJ)

BETWEEN:

SHRI R K VENKATESH, AGED ABOUT 50 YEARS, S/O R KANNAIAH, R/AT NO.9/1, 2^ND CROSS, IST MAIN BOOPASANDRA, BANGALORE-560 094.

...APPELLANT (BY SRI SACHIN B S, ADVOCATE)

AND:

1. SMT LAKSHMAMMA, AGED ABOUT 69 YEARS, W/O LATE NARASIMHAIAH, 2. SMT ANURADHA AGED ABOUT 48 YEARS, Digitally signed D/O LATE NARASIMHAIAH by BELUR RANGADHAMA NANDINI 3. SMT VIJAYA Location: HIGH AGED ABOUT 46 YEARS, COURT OF D/O LATE NARASIMHAIAH KARNATAKA

4. SRI JAYARAM AGED ABOUT 43 YEARS, S/O LATE NARASIMHAIAH

5. SRI NARASIMHA MURTHY AGED ABOUT 41 YEARS, S/O LATE NARASIMHAIAH

6. KUM VANAJA, AGED ABOUT 38 YEARS, D/O LATE NARASIMHAIAH

7. KUM BINDU, AGED ABOUT 32 YEARS, D/O LATE NARASIMHAIAH ALL ARE RESIDING AT NO.17/A, NARASIMHAIAH COLONY ROAD, LOTTEGOLLAHALLI VILLAGE, RMV II STAGE, SANJAY NAGAR, BANGALORE-560 094. 8. SMT M SHANTHI, AGED ABOUT 49 YEARS, W/O SRI SOMASHEKAR R/AT NO.6, 15^TH CROSS, MALLESWARAM,BANGALORE-560 003.

...RESPONDENTS (BY SRI G CHANDRASHEKARAIAH, ADV. FOR R1, R2, R4 TO R6, SRI N C NARAYANA, ADVOCATE FOR C/R8, R3 AND R7 ARE SERVED BUT UNREPRESENTED)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.07.2018 PASSED IN OS NO.11277/2006 ON THE FILE OF THE XXIV ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 05^TH MARCH, 2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

CAV JUDGMENT

This first appeal is under Section 96 of the Code of Civil Procedure, 1908. The plaintiff whose suit in O.S No.11277/2006 for declaration and injunction is dismissed in terms of the judgment and decree dated 13.07.2018, is in appeal.

2. The suit is filed in respect of immovable property described as site bearing No.10, V.P.Khata No.109 and 109/A, having Assessment No.3/3, situated at Lottegollahalli Village, Kasaba Hobli, Bangalore North Taluk, measuring East-West:35 feet and North-South:46 feet, totally measuring 1610 square feet with a shed and a compound wall built around it. The boundaries are described as under:

East :Property No.11 belongs to Udayashankar West :Property No.9 belongs to Sri Sampath and Lakshmipathi North :Road South :Sterling Apartments property belong to M.Anjanamurthy.

3. The plaintiff seeks a declaration that the registered sale deed dated 26.11.2001 executed by defendants No.1 to 7 in favour of defendant No.8 is illegal and not binding on the plaintiff.

4. In addition, the plaintiff also seeks a declaration of title to declare him as the owner in possession of the suit schedule property. The plaintiff also sought injunction against the defendants from interfering with his peaceful possession and enjoyment of suit schedule property and a restraint order from alienating the suit schedule property.

5. This case was heard along with RFA Nos.1514/2018, 1516/2018, 1517/2018, 1518/2018, 1519/2018 and 1520/2018. During the hearing, the counsel appearing for both sides submitted that, certain transactions evidenced in the registered sale deeds filed in RFA No.1514/2018 arising from O.S No.11276/2006 are not in dispute. Thus, while narrating the facts of the case, the Court has also taken note of the sale transactions evidenced in O.S No.11276/2006, in respect of Sy.No.3/3 as the parties to the proceeding are claiming right over the sites formed in Sy.No.3/3 in all the cases referred to above.

6. The property bearing Survey No.3/3 measuring 1 acre 13 guntas in Lottegollahalli Village originally belonged to Hanumanthappa. Said Hanumanthappa had two wives namely; Byamma and Thayamma. It appears that both marriages are valid and from both wives Hanumanthappa had children and among them, a son from first wife Byamma was named as Narasimhaiah and a son from seco