IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.1008 OF 2023 (INJ)

BETWEEN:

1. SRI VENKATESH S/O.MARITHIMMAIAH AGED ABOUT 45 YEARS

2. SMT.PARVATHAMMA W/O.VENKATESH AGED ABOUT 43 YEARS BOTH ARE RESIDING AT HALE NIJAGAL VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123 …APPELLANTS (BY SRI C.R.VENKATESH, ADVOCATE)

AND:

Digitally

1. SMT.SIDDAGANGAMMA signed by B W/O.VENKATESHAIAH LAVANYA AGED ABOUT 45 YEARS Location:

HIGH R/AT HALE NIJAGAL VILLAGE COURT OF SOMPURA HOBLI KARNATAKA NELAMANGALA TALUK BENGALURU RURAL DISTRICT- 562 123

2. SMT.HUCHAMMA W/O.MUNIRAJA AGED ABOUT 47 YEARS R/AT HALE NIJAGAL VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123

3. SMT.RUDRAMMA G. W/O.SHIVANANDA H.K. AGED ABOUT 33 YEARS R/AT HALE NIJAGAL VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT- 562 123 …RESPONDENTS (BY SRI H.S.SANTHOSH, ADVOCATE FOR R-3;

R-2 IS SERVED AND UNREPRESENTED;

NOTICE TO R-1 IS HELD SUFFICIENT VIDE ORDER DATED 01.04.2024)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.03.2023 PASSED IN R.A.NO.18/2020 BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA AND THE JUDGMENT AND DECREE DATED 28.01.2020 PASSED IN O.S.NO.299/2006 BY II ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

This appeal is filed by defendant Nos.1 and 2 challenging the judgment and decree dated 13.03.2023 passed in R.A.No.18/2020 by the Additional Senior Civil Judge and JMFC, Nelamangala (for short, 'the first Appellate Court'), which has affirmed the judgment and decree dated 28.01.2020 passed in O.S.No.299/2006 by II Additional Civil Judge and JMFC, Nelamangala (for short, 'the trial Court').

2. Parties to the proceedings shall be referred to as per their status before the trial Court.

3. Appellant Nos.1 and 2 are defendant Nos.1 and 2 before the trial Court; respondent No.1 is the plaintiff; respondent No.2 is defendant No.3 and respondent No.3 is impleaded in the present appeal, who is none other than the subsequent purchaser from respondent No.1-plaintiff.

4. Brief facts of the case are as under:

The plaintiff is the absolute owner of item Nos.1 and

2 of the suit schedule property bearing Sy.Nos.132/1 and 132/1, totally measuring 1-00 acre situated at Hale Nijagal Village, Sompura Hobli, Nelamangala Taluk. The plaintiff stated that the property bearing Sy.No.132/1 totally measuring 7 acres of Hale Nijagal Village originally belongs to one Gangamma, W/o.Late Huchappa. After the death of her husband, Marithimmaiah, who is the brother of Late Huchappa was looking after Gangamma as she was issueless. When such being the case, the said Gangamma bequeathed all her properties including Sy.No.132 to Marithimmaiah under a registered Will dated 03.01.1989. After the death of the said Gangamma, Marithimmaiah became the absolute owner of the said property bearing Sy.No.132/1 measuring total extent of 7-00 acres of Hale Nijagal Village. When things stood thus, the said Marithimmaiah gifted 20-00 guntas of land in Sy.No.132/1 to his daughter, who is defendant No.3 by way of a gift deed dated 09.08.1995. Thereafter, defendant No.3 sold the property, which she got under the gift deed from her father, to the plaintiff by way of a registered sale deed dated 27.08.1996. The said Marithimmaiah had sold another portion of 0-20 guntas of land in Sy.No.132/1 in favour of the plaintiff by way of a registered sale deed dated 17.07.1997.

4.1 It is stated that after purchase of the land, the said survey number in item Nos.1 and 2 of the suit schedule property was re-numbered as Sy.Nos.132/21 and 132/22 respectively and the RTC extracts in respect of the said item Nos.1 and 2 of the suit schedule property have been chan