IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 28^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

AND

THE HON’BLE MR.JUSTICE P.N.DESAI

R.F.A. NO. 4101/2013 C/W

R.F.A. Cr. OB. NO. 100013/2014 (DEC)

IN R.F.A. NO. 4101/2013

BETWEEN:

SRI VASANT S/O MANESHWAR SANU,

AGE: 42 YRS, OCC.: AGRICULTURE &

REAL ESTATE, R/O VIDYANAGAR,

EASTERN SIDE, 2^ND CROSS, HAVERI-581110.

-

APPELLANT

(BY SRI. K.L. PATIL, ADVOCATE FOR

SRI SURESH KINI, ADVOCATE)

AND:

1.

SRI NINGAPPA S/O MAHADEVAPPA MALAGI,

AGE: 47 YRS, OCC.: AGRICULTURE &

GOVERNMENT SERVANT,

R/O DEVAGIRI-YALLAPUR, HAVERI-581110.

2.

SRI SUBHAS S/O MAHADEVAPPA MALAGI,

AGE: 42 YRS, OCC.: AGRICULTURE,

R/O DEVAGIRI-YALLAPUR, HAVERI-581110.

3.

SRI BASAVRAJ S/O MAHADEVAPPA MALAGI,

AGE: 40 YRS, OCC.: AGRICULTURE,

R/O DEVAGIRI-YALLAPUR, HAVERI-581110.

: 2 :

4.

SMT. SUMA W/O RAJSHEKHAR

KUDARIHAL, AGE: 36 YRS,

OCC.: HOUSEHOLD,

R/O DEVAGIRI-YALLAPUR, HAVERI-581110.

5.

SRI MAHADEVAPPA,

S/O KOTEPPA MALAGI,

SINCE DEAD BY HIS LRS-

RESPONDENTS NO.1 TO 4

MENTIONED ABOVE ALREADY ON RECORD.

-

RESPONDENTS

(BY SMT.PALLAVI PACHHAPURE, ADVOCATE FOR

SRI. F.V. PATIL, ADVOCATE FOR R1 TO R4)

THIS

REGULAR

FIRST

APPEAL

IS

FILED

UNDER

SECTION 96 OF CPC AGAINST THE JUDGMENT AND

DECREE DATED 13.03.2013 PASSED IN O.S.NO. 87/2011

ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, HAVERI,

PARTLY DECREEING THE SUIT FILED FOR DECLARATION

AND PERMANENT INJUNCTION & ETC.

IN R.F.A. CR. OB. NO. 100013/2014

BETWEEN:

1.

NINGAPPA S/O MAHADEVAPPA MALAGI,

AGE: 47 YEARS, OCC: AGRICULTURE,

R/O DEVAGIRI-YALLAPUR, TQ: HAVERI,

NOW AT HANAGAL, TQ: HANAGAL,

DIST: HAVERI-581 110.

2.

SUBHAS S/O MAHADEVAPPA MALAGI,

AGE: 43 YEARS, OCC.: AGRICULTURE,

R/O DEVAGIRI-YALLAPUR, TQ: HAVERI,

NOW AT HANAGAL, TQ: HANAGAL,

DIST: HAVERI-581 110.

3.

BASAVARAJ S/O MAHADEVAPPA MALAGI,

AGE: 40 YEARS, OCC.: AGRICULTURE,

R/O DEVAGIRI-YALLAPUR, TQ: HAVERI,

NOW AT HANAGAL, TQ: HANAGAL,

: 3 :

DIST: HAVERI-581 110.

4.

SMT. SUMA W/O RAJASHEKHAR KUDARIHAL,

AGE: 37 YEARS, OCC.: HOUSEHOLD WORK,

R/O DEVAGIRI-YALLAPUR, TQ: HAVERI,

DIST: HAVERI-581 110.

-

CROSS OBJECTORS

(BY SMT.PALLAVI PACHHAPURE, ADVOCATE FOR

SRI. F.V. PATIL, ADVOCATE)

AND:

1.

VASANT S/O MANESHWAR SANU,

AGE: 43 YEARS, OCC: AGRICULTURE &

REAL ESTATE BUSINESS, R/O VIDYANAGAR,

EASTERN SIDE, 2^ND CROSS, HAVERI,

TQ AND DIST: HAVERI-581 110.

2.

MAHADEVAPPA S/O KOTEPPA MALAGI,

AGE: 77 YEARS, OCC.: AGRICULTURE,

R/O VIDYANAGAR, EASTERN SIDE,

2^ND CROSS, HAVERI, TQ AND

DIST: HAVERI-581 110.

DEAD AND CROSS OBJECTORS 1 TO 4

ARE TREATED AS LRS.

-

RESPONDENTS

(BY SRI. K.L.PATIL, ADVOCATE FOR

SRI SURESH S. KINI, ADVOCATE FOR R1)

THIS REGULAR FIRST APPEAL CROSS OBJECTION IS

FILED UNDER ORDER 41 RULE 22 OF CPC AGAINST THE

JUDGMENT AND DECREE DATED 13.03.2013 PASSED IN

O.S.NO. 87/2011 ON THE FILE OF THE ADDL. SENIOR CIVIL

JUDGE, HAVERI, PARTLY DECREEING THE SUIT FILED FOR

DECLARATION AND PERMANENT INJUNCTION & ETC.

THIS REGULAR FIRST APPEAL ALONG WITH REGULAR

FIRST APPEAL CROSS OBJECTION HAVING BEEN HEARD AND

COMING

ON

FOR

DICTATING

JUDGMENT

THIS

DAY,

SREENIVAS

HARISH

KUMAR

J.,

DELIVERED

THE

FOLLOWING:

: 4 :

JUDGMENT

The

first

defendant

has

preferred

the

appeal

challenging the judgment and decree dated 13.03.2013 of

the Addl. Sr. Civil Judge, Haveri, granting the decree of

declaration of title of the share of the plaintiffs to the

extent of 1 acre 22 guntas each in Sy. No. 74/1 of

Devagiri-Yellapur village, Haveri Taluk and District (for

short ‘suit property’).

2.

The plaintiffs have preferred the cross objection

questioning the correctness of declining the relief of

permanent injunction.

3.

A brief account of the pleadings is as follows:

Plaintiffs 1 to 3 are the sons and plaintiff No.4 is the

daughter of the