HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR FIRST APPEAL NO. 940 OF 2012 (DEC)

C/W RFA CROSS OBJECTION NO. 26 OF 2012 IN RFA No. 940/2012 BETWEEN:

SRI R. JAGANNATH RAO S/O LATE K. RAMACHANDRA RAO SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS

1(a) SMT. PREETHI RAO W/O LATE SRI. JAGANNATH RAO AGED ABOUT 38 YEARS Digitally signed by SUMA B N Location: 1(b) KUM. J. SHRADDHA RAO HIGH D/O LATE SRI. JAGANNATH RAO COURT OF KARNATAKA AGED ABOUT 10 YEARS 1(c) MASTER DEV RAO S/O LATE SRI. JAGANNATH RAO AGED ABOUT 8 YEARS APPELLANT NO. 1b AND 1c ARE MINOR REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. PREETHI RAO ALL ARE R/AT NO.1-10/89/3 STREET NO.12 CHIKKALAPALLI POST OFFICE HC-KAR ASHOK NAGAR, HYDERABAD TELANGANA - 500 020 NOW AT BANGALORE.

…APPELLANTS (BY SRI. D N MANJUNATH.,ADVOCATE)

AND:

SRI V KRISHNOJI RAO SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS

1(a) SRI JAYAPRAKASH RAO S/O LATE V. KRISHNOJI RAO, AGED ABOUT 60 YEARS R/AT NO. 2, 15^TH BLOCK, NANDI SANKERANA POLICE QUARTERS, C.A.R. SOUTH, ADUGODI, BANGALORE - 560 030. 1(b) SMT LAKSHMI BAI AGED ABOUT 70 YEARS W/O LATE V KRISHNOJI RAO

1(c) SRI K SURESH AGED ABOUT 72 YEARS W/O LATE V KRISHNOJI RAO

1(d) SMT K PARVATHI AGED ABOUT 71 YEARS D/O LATE V KRISHNOJI RAO RESPONDENTS 1(b) TO 1(d) ARE R/AT CHIKKA KUNTHUR MALUR TALUK, KOLAR DISTRICT.

2. SRI R.M. SRINIVAS AGED ABOUT 58 YEARS HC-KAR S/O SRI MUDALAGIRIYAPPA R/AT NO. 1, "H" BLOCK, ADUGODI POLICE QUARTERS BANGALORE.

3. SRI VENKOBA RAO S/O SRI YELLAPPA REDDY ,MAJOR BASAVESHWARA TEMPLE ROAD, BANGALORE- 560 095. 4. SRI GOPALA RAO S/O LATE NANJUNDA RAO NO. 506, ABBAIAH COMPOUND, KORAMANGALA VILLAGE BANGALORE- 560 095.

…RESPONDENTS (BY SRI. SUNIL S. RAO .,ADVOCATE FOR R2;

V/O DATED 18.0.2012, NOTICE TO R1(a) TO (d) IS DISPENSED WITH;

V/O DATED 20.08.2014, APPEAL AGAINST R3 IS DISMISSED;

R4 SERVED AND UNREPRESENTED)

THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2012 PASSED IN 5366/1997 ON THE FILE OF THE VIII-ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND POSSESSION.

IN RFA.CROB NO. 26/2012 BETWEEN:

SRI R M SRINIVAS S/O MUDALAGIRIYAPPA AGED ABOUT 57 YEARS R/AT NO.1, "H" BLOCK ADUGODI, POLICE QUARTERS BANGALORE-560 030 … CROSS OBJECTOR HC-KAR (BY SRI. SUNIL S. RAO., ADVOCATE FOR SRI. SRIKANTH M.,CROSS OBJECTOR)

AND:

1. SRI R JAGANNATHA RAO S/O LATE K RAMACHANDRARAO SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS

1(a) SMT. J. PREETHI RAO W/O LATE SRI. JAGANNATH RAO AGED ABOURT 38 YEARS

1(b) KUM. J. SHRADDHA RAO D/O LATE SRI. JAGANATH RAO AGED ABOUT 10 YEARS 1(c) MASTER DEV RAO S/O LATE SRI. JAGANNATH RAO AGED ABOUT 8 YEARS RESPONDENT NO.1B AND 1C ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. PREETHI RAO ALL ARE R/AT NO.1-10/89/3 STREET NO.12, CHIKKALAPPALLI POST OFFICE ASHOK NAGAR, HYDERABAD TELANGANA - 500 020 NOW AT BANGALORE.

2. SRI V KRISHNOJI RAO S/O LATE VENKOJI RAO SINCE DEAD BY HIS LRS

2(a) SRI JAYAPRAKASH RAO S/O LATE V KRISHNOJI RAO AGED ABOUT 61 YEARS R/O NO.2, 15^TH BLOCK HC-KAR NANDI SANKERANA, POLICE QUARTERS C A R SOUTH, ADUGODI BANGALORE-560 030.

2(b) SMT. LAKSHMI BAI W/O LATE V KRISHNOJI RAO DEAD AND D 1(A), (C) AND (D)

ARE HER LRS

2(c) SRI K SURESH S/O LATE V KRISHNOJI RAO AGED MAJOR R/AT CHIKKA KUNTUR VILLAGE MALUR TALUK KOLAR DISTRICT.

2(d) SMT. K PARVATI D/O LATE V KRISHNOJI RAO AGED MAJOR R/AT CHIKKA KUNTUR VILLAGE MALUR TALUK KOLAR DISTRICT.

3. SRI VENKOBA RAO S/O YELLAPPA REDDY AGED MAJOR BASAVESHWARA TEMPLE ROAD KORAMANGALA VILLAGE BANGALORE.

4. SRI GOPALA RAO S/O LATE NANJUNDA RAO AGED MAJOR R/AT NO. 506, ABBAIAH COMPOUND KORAMANGALA VILLAGE BANGALORE-560 095.

HC-KAR ...RESPONDENTS (BY SRI. D.N. MANJUNATH.,ADVOCATE FOR R1(a) TO (c);

V/O DATED 05.03.2024, NOTICE TO R2 (A TO C), R3 & R4 IS DISPENSED WITH)

THIS RFA.CROB FILED U/O-41, RULE-22(1) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2012 PASSED IN O.S.5356/1997 ON THE FILE OF THE VIII- ADDITIONAL CITY CIVIL JUDGE, BEN