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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 07^TH DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.N.DESAI

RSA NO.200310/2016 (DEC/INJ)

BETWEEN:

1.

BASANNA S/O GOLLALAPPA GADED

AGE: MAJOR, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI

SINCE DECEASED THROUGH HIS LRS

1(A). SHARANAPPA S/O LATE BASANNA GADED

AGE: 55 YEARS, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI.

1(B). NAGANNA S/O LATE BASANNA GADED

AGE: 53 YEARS, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI.

1(C). DEVAKKI D/O LATE BASANNA GADED

W/O SHARANAPPA KALGURTHI

AGE: 50 YEARS, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI.

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1(D). LOKAPPA S/O LATE BASANNA GADED

AGE: 48 YEARS, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI.

1(E). GANGAMMA D/O LATE BASANNA GADED

(W/O HUNACHAPPA HONAGUNTI)

AGE: 46 YEARS, OCC: AGRICULTURE

R/O HONAGUNTI, TQ. CHITTAPUR

1(F). SHAMARAYA S/O LATE BASANNA GADED

AGE: 44 YEARS, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI.

1(G). NAGAMMA D/O LATE BASANNA GADED

(W/O AMRUTH KORADAGI)

AGE: 40 YEARS, OCC: AGRICULTURE

R/O GAWANALLI, TQ. JEWARGI.

...APPELLANTS

(BY SRI. SHRVANAKUMAR MATH, ADV. FOR

SRI RAMCHANDRA & SRI GURUBASAVA C NAYAK,

ADVOCATES)

AND:

MAREPPA S/O NINGAPPA GADED

AGE: MAJOR, OCC: AGRICULTURE

R/O GAWANALLI VILLAGE

TQ. JEWARGI, DIST. KALABURAGI - 585 103.

…RESPONDENT

(BY SMT HEMA L.K, AND SRI LAXMIKANTH H.K.,

ADVOCATES)

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THIS REGULAR SECOND APPEAL IS FILED

UNDER

SECTION

100

OF

CODE

OF

CIVIL

PROCEDURE PRAYING TO SET ASIDE THE IMPUGNED

JUDGMENT AND DECREE IN R.A.NO.9/2014 DATED

17-09-2016 ON THE FILE OF SENIOR CIVIL JUDGE

JEWARGI AND O.S.NO.95/2009 ON THE FILE OF

CIVIL JUDGE JEWARGI DATED 28-02-2014, BY

DISMISSING THE SUIT OF THE PLAINTIFF AND TO

ALLOW THE COUNTER CLAIM SUBMITTED BY THE

PRESENT APPEAL IN RESPECT OF THE ENTIRE LAND

OF SY.NO.8 MEASURING 18 ACRES 4 GUNTAS AND

SY.NO.19

MEASURING

8

ACRES

12

GUNTAS

SITUATED AT VILLAGE GOWANALLI, TQ. JEWARGI

AND

ALLOW

THE

COST

THOUGHT

THE

PROCEEDINGS AND ETC.

THIS APPEAL COMING ON FOR ADMISSION THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

This appeal arises out of judgment and decree

passed in R.A.No.9/2014 dated 17.09.2016 passed by

the Senior Civil Judge, at Jewargi wherein the appeal

came to be dismissed by confirming the judgment and

decree passed by the Trial Court in O.S.No.95/2009

dated 28.02.2014, wherein the suit of the plaintiff for

declaration and injunction was decreed.

02.

The appellants are the defendants and

respondent is the plaintiff before the Trial Court.

03.

For the purpose of convenience, the parties

will be referred as per their respective ranks before the

Trial Court in this judgment.

04.

The

plaintiff

has

filed

suit

seeking

declaration to declare that he is the exclusive owner and

possessor of the suit properties bearing Sy.No.8

measuring 09 acres 02 guntas towards eastern side out

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of 18 acres 04 guntas and land Sy.No.19 measuring 04

acres 06 guntas towards southern side out of 08 acres

12 gutnas. Both the lands are situated at Gawnalli Tq:

Jewargi, within the boundaries as mentioned in the

plaint sketch.

05.

It is contended by the plaintiff that one

Gollalappa was the original prepositor of the suit

properties. He had two sons by name Ningappa and

Basappa. The said Ningappa was the father of the

plaintiff and defendant is the uncle of the plaintiff. The

father of the plaintiff by name Ningappa and defendant

were the joint owners and possessors of the suit lands.

The father of the plaintiff by name Ningappa died long

back. After the death of father of plaintiff, the

grandfather of plaintiff by name Gollalappa died. It is

further contended that during the life time of Gollalappa

there was partition between plaintiff and defendant in

respect of suit lands and they have divided the

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properties equally. So, plaintiff is enjoying the suit

properties absolutely and he is