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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 05^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MS. JUSTICE JYOTI MULIMANI

RSA NO.7419 OF 2010 (DEC/INJ)

BETWEEN:

1.

NEELKANTAPPA

S/O MURGEPPA MUSTARI (BEDSOOR)

AGE: 40 YAERS, OCC: AGRICULTURE

2.

PARVATI

W/O MURGEPPA MUSTARI (BEDSOOR)

AGE: 67 YEARS, OCC: HOUSEHOLD

BOTH R/O GOGI (K), POST: JEEVANGI

TQ. & DIST. GULBARGA

... APPELLANTS

(BY SRI S.B. HANGARKI, ADVOCATE)

AND:

1.

SHARANAPPA S/O NIJEPPA KOLARI

AGE: 52 YEARS, OCC: AGRICULTURE

SINCE DECEASED BY HIS L.Rs

1)

JAGADEVI W/O SHARNAPPA KOLARI

AGE: 55 YEARS, OCC: HOUSEHOLD

2)

RAJAPPA S/O SHARNAPPA KOLARI

AGE: 35 YEARS, OCC: HOUSEHOLD

3)

GUNDAPPA S/O SHARNAPPA KOLARI

AGE: 25 YEARS, OCC: HOUSEHOLD

2

4)

CHANDAMMA D/O SHARNAPPA KOLARI

AGE: 37 YEARS, OCC: HOUSEHOLD

5)

GODAVARI D/O SHARNAPPA KOLARI

AGE: 33 YEARS, OCC: HOUSEHOLD

6)

GEETA D/O SHARNAPPA KOLARI

AGE: 37 YEARS, OCC: HOUSEHOLD

ALL R/O GOGI (K) VIA KAMALAPUR

POST: JEEVANGI, TQ. & DIST. GULBARGA

(AMENDED AS PER ORDER OF THE

HON'BLE HIGH COURT DT. 22-8-17)

2.

ANNARAYA S/O NIJEPPA KOLARI

AGE: 57 YEARS, OCC: AGRICULTURE

R/O GOGI (K), POST: JEEVANGI

TQ. & DIST. GULBARGA

... RESPONDENTS

(SRI R.S. SIDHAPURKAR, ADV. FOR R2;

R1(1) TO R1(6) - SERVED BUT UNREPRESENTED)

THIS RSA IS FILED UNDER SECTION 100 OF CODE

OF CIVIL PROCEDURE, CHALLENGING THE JUDGMENT

AND DECREE DATED 26.06.2010 IN R.A.NO.89/2010

PASSED BY THE FAST TRACK COURT-I, GULBARGA.

THIS RSA COMING ON FOR ADMISSION THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Sri S.B. Hangarki, learned counsel for appellants has

appeared in person. Sri R.S. Sidhapurkar, learned counsel

for

respondent

No.2

has

appeared

through

video

conferencing.

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2.

This appeal is from the Court of Fast Track

Court-I at Gulbarga, confirming the judgment and decree

of the Court of Principal Civil Judge (Jr.Dn.), Gulbarga.

3.

Appeal is posted for Admission after notice to

respondents.

4.

For the sake of convenience, the parties shall

be referred to in terms of their status and ranking before

the Trial Court.

5.

It is the case of plaintiffs that suit property is

the common wall measuring East-West 45' in length,

2 ½’ width and 12' height pertaining to house of plaintiffs

bearing Gram Panchayat Old No.1-62/1, New No.129, and

house of defendants bearing Gram panchayat New No 125

as detailed in red colour of the plaint sketch situated at

Gogi-K village, Tq. & Dist. Gulbarga, bounded by East by

open space of plaintiffs bearing G.P. Old No.1-62/2, New

No.130,

West

by

open

space

of

defendant

No.1

Sharanappa

of

G.P.No.125,

North

by

H.No.125

of

defendants and South by open space and house Old

No.1-62/1 New No.129 of plaintiffs.

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Plaintiff No.1 is the son of plaintiff No.2. Plaintiffs 1

and 2 are the owners and possessors of house bearing

Gram

Panchayat

Old

No.1-62/1

with

New

No.129

consisting of 4 rooms and open yard situated in-front of

the house having total area measuring from East-West 45'

and North-South 75' with specific boundaries viz., towards

East by 2' lane and after that house bearing G.P. Old

No.1-62/2, New No.130 of plaintiffs, towards West

common wall and house of Mallanna, Dharmaraya,

Shivaputrappa and Guruputra sons of Gurupadappa

Jamadi, towards North by common wall and house of

defendants and towards South by 3' lane and house of

Gurupadappa Gutta and it stands in the name of plaintiff

No.1 in the concerned G.P. records as the owner and

possessor. Plaintiffs have paid tax of their house regularly.

It is stated that the suit wall is common wall

between the properties of plaintiffs and defendants since

from the days of their ancestors. There was one room

measuring East-West 23' in length and North-South 10' in

width having purkal Shahabad stone sloop roof towards

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Southern side o