- 1 - NC: 2025:KHC-K:2306 RSA No. 7267 of 2013 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 7267 OF 2013 (DEC/INJ) BETWEEN: THE ARYA SAMAJA HALLIKHED-B THROUGH ITS PRESENT SECRETARY SRI SHIVAJIRAO S/O RAMCHANDRARAO POSHANGIR, AGE:52 YEARS, OCC: PRIVATE SERVICE, R/O: VILLAGE HALLIKHED-B, TQ: HUMNABAD, DIST: BIDAR – 585 401. …APPELLANT (BY SRI MANVENDRA REDDY, ADVOCATE) AND: 1. MARUTIRAO S/O MALLAPPA ARYA AGED ABOUT 52 YEARS, OCC: SERVICE IN B.S.S.K. LTD. HALLIKHED-B, TQ: HUMNABAD, DIST: BIDAR – 585 401. DIED HIS LRS. 1A. NAGAMMA W/O MARUTIRAO ARYA AGE: 58 YEARS, OCC: HOUSEHOLD, R/O: NEAR GOVT. HOSPITAL HALLIKGED-B, TQ: HUMNABAD, DIST: BIDAR. 1B. MALLAMMA W/O RAJENDRA KALBURGI Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2306 RSA No. 7267 of 2013 AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: BASAWESHWAR MANDIR ROAD, BIJAPUR. 1C. VIJAYALAXMI W/O UMESH ARYA AGE: 37 YEARS, OCC: HOUSEHOLD, R/O: C/O: ANNAPURNA HOTEL (KHANAWALLI) KIADB INDUSTRIAL AREA, OPPOSITE TO INDIAN OIL DEPO NANDUR KALABURAGI. 1D. DHANLAXMI W/O MALLIKARJUN ARYA, AGE: 34 YEARS, OCC: TEACHER IN PVT. SCHOOL, R/O: REVANSIDDESHWAR PRIMARY SCHOOL, HALLIKGED-B, TQ: HUMNABAD, DIST: BIDAR. 1E. SMT. BHAGYA LAXMI W/O DEVIDAS AGE: 30 YEARS, OCC: GOVT. EMPLOYEE, R/O: ANADUR, TQ: & DIST: BIDAR. …RESPONDENTS (BY SRI PRASHANT S. KUMMAN, ADV., FOR R1(A) TO R1(E)) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC, PRAYING TO ALLOW THE APPEAL INTERFERE WITH THE JUDGMENT AND DECREE DATED 19.12.2003 IN O.S.NO.86/1997 PASSED BY THE ADDITIONAL CIVIL JUDGE (JR.DN), HUMNABAD, WHEREIN THE SUIT OF THE PLAINTIFF IS DISMISSED AND ALSO THE JUDGMENT AND DECREE OF THE SENIOR CIVIL JUDGE, HUMNABAD IN R.A.NO OLD. NO.02/2004, NEW NO.27/2011 DATED 28.05.2013 IN DISMISSING THE APPEAL AND ETC. - 3 - NC: 2025:KHC-K:2306 RSA No. 7267 of 2013 THIS REGULAR SECOND APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This appeal is arising from a concurrent finding in a suit for declaration and injunction. 2. The plaintiff has sought declaration of title in respect of open space measuring 40 feet towards East – West and 47.02 ft towards North – South, in front of the property bearing Village Panchayath (V.P) Nos.12-45/1, 12-45/2, 12- 45/4, 12-45/5 and 12/45/6. 3. Admittedly, the property for which a declaration of title is sought is an open space. The defendant disputed the title of the plaintiff. The plaintiff was required to establish title over the property by producing either of the title deeds or any other documents, which would establish title over the property. 4. The plaintiff to substantiate his claim has produced the hand sketch and Khata Extract in respect of building and permission granted by the Panchayath to construct the - 4 - NC: 2025:KHC-K:2306 RSA No. 7267 of 2013 building. However, no document is produced to establish the title over the open space adjacent to the building. The title over the said open space is sought to be established by adducing oral evidence. Both the Courts have concurrently held that oral evidence to establish the title in respect of open space is not sufficient to grant a decree for declaration of title. 5. This Court does not find any error in the concurrent findings of the Trial Court and the First Appellate Court and no substantial question of law arises in the appeal. 6. Accordingly, the appeal is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 32