IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 01^ST DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAVI V.HOSMANI

REGULAR SECOND APPEAL No.100446/2019

BETWEEN:

Shri. M. Devaraju S/o. Hanumantha Reddy,

Age 42 years, Occ: Agriculture,

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

... Appellant

(By Sri. Madanmohan M. Khannur, Advocate)

AND

1.

Shantamma W/o. Late Huchappa,

Age 59 years, Occ: Agriculture,

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

2.

Nagamma W/o. late Huchappa,

Age 55 years, Occ: Agriculture,

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

3.

K. Thippeswamy S/o. Late Huchappa,

Age 33 years, Occ: Agriculture,

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

2

4.

K. Rudraveni W/o. Raghu D/o. Lage Huchappa,

Age 32 years, Occ: Household work,

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

5.

K. Honnur Swamy S/o. Late Huchappa,

Age 29 years, Occ: Agriculture,

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

6.

K. Shivamma @ Roopa W/o. Rajashekhar,

D/o. Late Huchappa, Age 27 years,

Occ: Household work,

R/o. Chaganur village,

Tq. & Dist. Bellary – 583101.

7.

K. Pampapathi S/o. Late Huchappa,

Age 21 years, Occ:

R/o. Veni Veerapura village,

Tq. & Dist. Bellary – 583101.

8.

The Spl. LAO KIADB, Karur Industrial Area,

P.B.Road, Davanagere – 577001.

9.

M. Basavaraj S/o. M. Bheemappa,

Age 63 years, Occ: Agriculture,

R/o. Veni Veerapura Village,

Tq. & Dist. Bellary-583101.

...Respondents

This RSA is filed under Section 100 of CPC, against the

Judgment and Decree dated 16.03.2019 passed in R.A.No.23/2017

on the file of the Principal District Judge, Ballari, dismissing the

appeal and confirming the Judgment and Decree dated 30.03.2017

passed in O.S.no.249/2014 on the file of the first Additional Senior

Civil Judge, Ballari, rejecting the suit filed for declaration and

mandatory injunction.

3

This RSA coming on for Admission, this day, the court,

delivered the following:

JUDGMENT

Challenging the judgment and decree dated 16.03.2019

passed by the Principal District Judge at Ballari in RA 23/2017 and

the judgment and decree dated 30.03.2017 passed by the first

Additional Senior Civil Judge at Ballari in O.S. No.249/2014 this

second appeal is preferred by plaintiff/appellant, being aggrieved by

rejection of plaint and its confirmation by Appellate Court.

2.

The appellant herein was plaintiff in O.S.249/2014 and

appellant in R.A.23/2017. Respondents No.1 to 9 herein were

defendants No.1 to 9 in O.S.249/2014 and respondents No.1 to 9 in

R.A. No.23/2017. The parties will hereinafter be referred to as per

their respective ranks before trial Court.

3.

Brief facts leading to this appeal are that plaintiff filed

suit seeking for relief of declaration that he is the absolute owner of

‘B’ Schedule property, mandatory injunction directing defendant

No.8 to release the compensation amount to plaintiff in respect of

‘B’ schedule property and to grant injunction restraining defendant

4

No.1 to 7 from interfering with acquisition proceedings in respect of

‘B’ schedule property. It was the case of plaintiff that he is

grandson of one Bheemappa S/o. Mandagoudara Ramappa.

Bheemappa had a brother by name Eeranna. That the said Eeranna

purchased an extent of 7.42 Acres in Sy. No.222/A(P) of

Veniveerapura village, Ballari Taluk. Along with said land an extent

of 2.5 Acres of Sy.No.220/A(P) of same village was also purchased

under registered sale deed dated 12.11.1945. Out of the land in

Sy.No.222/A(P), an extent of 1.27 Acres fell to share of Bheemappa

in partition between him and his brothers. The said extent of 1.27

Acres is assigned R.S.No.222/A/2, which is suit schedule property.

Plaintiff claimed to have inherited the same. How