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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

REGULAR SECOND APPEAL NO.1965 OF 2011 (DEC/INJ)

C/w

REGULAR SECOND APPEAL NO.1966/2011 (INJ)

IN RSA NO.1965/2011

BETWEEN:

1 . SRI EDIGARA YANKAPPA

S/O SHANTHAPPA

AGED ABOUT 62 YEARS

2 . SRI EDIGARA ANJINAPPA

S/O SHANATHAPPA

AGED ABOUT 57 YEARS

BOTH ARE RESIDING AT

VADDINA DADAPURA VILLAGE,

HARAPANAHALLI TALUK,

DAVNAGERE DISTRICT.

...APPELLANTS

(BY SRI.A NAGARAJAPPA, ADVOCATE)

AND

1 . KANDEPPANAVARA MAHALINGAPPA

S/O NINGAPPA

AGED ABOUT 49 YEARS

ALMARASIKERI VILLAGE

HARAPANAHALLI TALUK,

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DAVANAGERE DSITRICT.

2 . YERADETTINAHALL HANUMANTHAPPA

W/O HALAPPA

AGED ABOUT 46 YEARS

YERADETTINAHALLI VILLAGE,

HARAPANAHALL TALUK

DAVANGERE DISTRICT - 583131

3 . SMT HONNAMMA

W/O LATE KARE HANUMAPPA

AGED ABOUT 69 YEARS

4 . MARUTHEPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 49 YEARS

5 . NAGAPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 47 YEARS

6 . MANJAPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 42 YEARS

7 . THINDAPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 40 YEARS

8 . S.KARIYAMMA

S/O LATE KARE HANUMAPPA

AGED ABOUT 44 YEARS

ALL ARE RESIDING AT

THIPPANAYAKANAHALLI VILLAGE,

HARAPANAHALL TAULK

DAVANGERE DISTRICT - 583131.

…..RESPONDENTS

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(BY SRI.UMESHA MURTHY J M, ADVOCATE FOR C/R.5)

THIS RSA IS FILED UNDER SECTION 100 READ

WITH ORDER 42 RULE 1 OF CPC., AGAINST THE

JUDGMENT AND DECREE DATED 27.07.2011 PASSED IN

R.A.NO.22/2010 ON THE FILE OF THE SENIOR CIVIL

JUDGE, HARAPANAHALLI, ALLOWING THE APPEAL AND

SETTING ASIDE THE JUDGMENT AND DECREE DATED

08.07.2010 PASSED IN O.S.NO.91/2007 ON THE FILE OF

THE CIVIL JUDGE, HARAPANAHALLI.

IN RSA NO.1966/2011

BETWEEN

1 . SRI EDIGARA ANJINAPPA

S/O SHANATHAPPA

AGED ABOUT 57 YEARS

2 . SRI EDIGARA YENKAPPA

S/O SHANTHAPPA

AGED ABOUT 62 YEARS

BOTH ARE RESIDING AT

VADDINA DADAPURA VILLAGE,

HARAPANAHALLI TALUK,

DAVNAGERE DISTRICT - 583131.

3. YAMUNAVVA

D/O SHANTHAPPA

AGED ABOUT 44 YEARS

UPPANNAIKANAHALLI VILLAGE

HAGARI - BOMMANAHALL TALUK

BELLARY DISTRICT - 583212.

...APPELLANTS

(BY SRI.A NAGARAJAPPA, ADVOCATE)

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AND

1 . SMT HONNAMMA

W/O LATE KARE HANUMAPPA

AGED ABOUT 69 YEARS

2 . MARUTHEPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 49 YEARS

3 . NAGAPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 47 YEARS

4 . MANJAPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 42 YEARS

5 . THINDAPPA

S/O LATE KARE HANUMAPPA

AGED ABOUT 40 YEARS

6 . S.KARIYAMMA

S/O LATE KARE HANUMAPPA

AGED ABOUT 44 YEARS

ALL ARE RESIDING AT

THIPPANAYAKANAHALLI VILLAGE,

HARAPANAHALL TAULK

DAVANGERE DISTRICT - 583131.

…..RESPONDENTS

(BY SRI.J M UMESHA MURTHY, ADVOCATE FOR C/R3)

THIS RSA IS FILED UNDER SECTION 100 READ

WITH ORDER 42 RULE 1 OF CPC., AGAINST THE

JUDGMENT AND DECREE DATED 27.07.2011 PASSED IN

R.A.NO.23/2010 ON THE FILE OF THE SENIOR CIVIL

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JUDGE, HARAPANAHALLI, ALLOWING THE APPEAL AND

SETTING ASIDE THE JUDGMENT AND DECREE DATED

08.07.2010 PASSED IN O.S.NO.64/2007 ON THE FILE OF

THE CIVIL JUDGE, HARAPANAHALLI.

THESE REGULAR SECOND APPEALS COMING ON FOR

ADMISSION THIS DAY, THE COURT DELIVERED THE

FOLLOWING:

ORDER

These two second appeals are filed by the

plaintiffs in O.S. No.91/2007 challenging the judgment

and

decree

passed

in

R.A.No.22/2010

and

R.A.No.23/2010.

RSA

No.1965/2011

is

filed

challenging the judgment and decree passed in

R.A.No.22/2010 reversing the judgment and decree in

O.S.No.91/2007, whereas RSA No.1966/2011 is filed

challenging the judgment and decree passed in

R.A.No.23/2010 reversing the judgment and decree

passed in O.S.No.64/2007.

2. The facts leading to the case are as under:

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Original plaintiff namely Kare Hanumappa who is

the ancestor of respondent Nos.3 to 8 filed a bare suit

for injunction in O.S.No.64/2007 seek