- 1 - NC: 2025:KHC-D:2275-DB RFA No. 100005 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100005 OF 2019 (DEC/INJ) BETWEEN: LAXMAN S/O SIDDAPPA AMANI AGE: 60 YEARS, OCC: AGRIL R/O: BHAIRNATTI, TQ: GOKAK DIST: BELAGAVI-591307. …APPELLANT (BY SRI. DINESH M. KULKARNI, ADV) AND: DUNDAPPA S/O SOMAPPA AMANI AGE: 75 YEARS, OCC: AGRIL R/O: SUNADHOLI, TQ: GOKAK DIST: BELAGAVI-591307. …RESPONDENT (BY SRI. CHETAN MUNNOLI, ADV FOR C/SOLE RESPONDENT) RFA FILED UNDER SEC. 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DTD:22.11.2018 PASSED IN O.S.NO.112/2013 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, GOKAK, DECREEING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.03.01 11:12:28 +0530 - 2 - NC: 2025:KHC-D:2275-DB RFA No. 100005 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This appeal is filed by the appellant, challenging the judgment and decree dated 22.11.2018, passed by the learned I Additional Senior Civil Judge, Gokak, in O.S. No.112/2013. 2. Learned counsel for the appellant, filed a memo, which reads as follows: “1. It is submitted that, the above appeal is directed against the Judgment & Decree dated 22.11.2018 passed in OS No. 112/2013 on the file of the I Additional Senior Civil Judge, Gokak. 2. It is submitted that, the Respondent / Plaintiff had filed OS No. 112/2013 against the Appellant / Defendant for the relief of declaration of title and permanent injunction in respect of the agricultural land bearing Sy. No. 177/1/1 measuring 1 Acre 1 Gunta situated at Sunadholi Village, Gokak Taluka. The suit of the Plaintiff /Respondent came to be decreed by Judgment & Decree dated 22.11.2018. 3. The respondent /Plaintiff has filed a memo stating that: It is submitted that, the Plaintiff / Respondent admit the title & possession of the Defendant / Appellant over the agricultural land measuring 1 Acre in Sy. No. 177/1, in terms of registered Exchange Deed - 3 - NC: 2025:KHC-D:2275-DB RFA No. 100005 of 2019 dated 18.01.1963 executed between Siddappa S/o. Revappa Huvanagol & Pavadeppa S/o. Revappa Huvanagol and Siddappa Bhimappa Amani. The boundaries mentioned in the Exchange Deed (Ex. D9) is as under; East: Koujalagi Road West: Land of remaining in RS No. 177/1 South: Land of remaining in RS No. 177/1 North: Land of Siddappa Bhimappa Amani. 4. The appellant will not claim any right in the properties purchased by the respondents under sale deed dt: 03/07/1967 and accordingly the appeal may kindly be disposed off.” 3. The learned counsel for the respondent filed a memo which reads as follows: “1. It is submitted that, the above appeal is directed against the Judgment & Decree dated 22.11.2018 passed in OS No. 112/2013 on the file of the I Additional Senior Civil Judge, Gokak. 2. It is submitted that, the Respondent / Plaintiff had filed OS No. 112/2013 against the Appellant / Defendant for the relief of declaration of title and permanent injunction in respect of the agricultural land bearing Sy. No. 177/1/1 measuring 1 Acre 1 Gunta situated at Sunadholi Village, Gokak Taluka. The suit of the Plaintiff /Respondent came to be decreed by Judgment & Decree dated 22.11.2018. - 4 - NC: 2025:KHC-D:2275-DB RFA No. 100005 of 2019 3. It is submitted that, one Sri. Siddappa Bhimappa Amani i.e., father of the Defendant has acquired the title over the agricultural land measuring 1 Acre in bearing Sy. No. 177/1, in terms of registered Exchange Deed dated 18.01.1963 executed between Siddappa S/o. Revappa Huvanagol & Pavadeppa S/o. Revappa Huvanagol and Siddappa Bhimappa Amani. The boundaries mentioned in the Exchange Deed (Ex. D9) is as under; East: Koujalagi Road West: Land of remaining in RS No. 177/1 South: Land of remaining in RS No. 177/1 North: Land of Siddappa Bhimappa Amani 4. The Plaintiff has acquired the title over the agricultural lands bearing RS No. 177/1 measuring 1 Acre 1 Gunta & RS No. 177/2 measuring 1 Acre of Sunadholi Village, under registered Registered Sale Deed dated 03.07.1967 executed by Siddappa S/o. Revappa Huvanagol & Pavadeppa S/o. Revappa Huvanagol. The Plaintiff is in possession of Sy. No. 177/1/1 measuring 1 Acre 1 Gunta & same is bounded as under; East: Koujalagi Road West: Land of Balappa Shivalingappa Hattiholi South: Land of Balappa Shivalingappa Hattiholi North: Land of Laxman Siddappa Amani 5. It is submitted that, the Plaintiff / Respondent admit the title & possession of the Defendant / Appellant over the agricultural land measuring 1 Acre in Sy. No. 177/1, in terms of registered Exchange Deed dated 18.01.1963 executed between Siddappa S/o. Revappa Huvanagol & Pavadeppa S/o. Revappa Huvanagol and - 5 - NC: 2025:KHC-D:2275-DB RFA No. 100005 of 2019 Siddappa Bhimappa Amani. The boundaries mentioned in the Exchange Deed (Ex. D9) is as under; East: Koujalagi Road West: Land of remaining in RS No. 177/1 South: Land of remaining in RS No. 177/1 North: Land of Siddappa Bhimappa Amani. 6. It is submitted that; the contents of this memo are readover and explained to me in Kannada Language and same are based on the instructions furnished by me.” 4. As the appellant/defendant has admitted the title of the respondent/plaintiff in Sy.No.177/1 measuring 1 acre in terms of the registered Exchange Deed dated 18.01.1963 executed between Siddappa and Pavadeppa, sons of Revappa Huvanagol and Siddappa Bhimappa Amani and the boundaries mentioned in the Exchange Deed (Ex.D-9) is as under: East: Koujalagi Road West: Land of remaining in RS No. 177/1 South: Land of remaining in RS No. 177/1 North: Land of Siddappa Bhimappa Amani. 5. The appellant has filed a memo stating that the appellant will not cause any interference in the property of the plaintiff. - 6 - NC: 2025:KHC-D:2275-DB RFA No. 100005 of 2019 6. As both of them have filed the memos, in view of the same, nothing survives for consideration in this appeal. Accordingly, the appeal is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE kmv CT: BSB