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High Court of Karnataka · body

2025 DAILYLAW 56180 (KAR)

SMT. RAMAKKA v. THE STATE OF KARNATAKA

RSA/1922/2021 · 2025-08-19

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.1922 OF 2021 (INJ) C/W REGULAR SECOND APPEAL NO.1920 OF 2021 REGULAR SECOND APPEAL NO.1923 OF 2021 REGULAR SECOND APPEAL NO.1924 OF 2021 REGULAR SECOND APPEAL NO.1925 OF 2021 REGULAR SECOND APPEAL NO.1926 OF 2021 REGULAR SECOND APPEAL NO.1973 OF 2021 IN RSA No. 1922/2021 BETWEEN: SMT. RAMAKKA W/O LATE BASAPPA @ BASAVANNA AGED ABOUT 61 YEARS, AGRICULTURIST, R/O VINAYAKANAGARA VILLAGE, NIDIGE HOBLI, KACHINAKATTE POST, SHIMOGA CITY-577 227 …APPELLANT (BY SRI CHANDRAKANTH R PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF REVENUE, M S BUILDING, BANGALORE -560001, REPRESENTED BY ITS SECRETARY Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA -577201 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA -577201 4. THE TAHASILDAR SHIVAMOGGA TALUK, SHIVAMOGGA -577201 …RESPONDENTS (BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN R.A.NO.68/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN O.S.NO.969/2012 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., SHIVAMOGGA. IN RSA NO. 1920/2021 BETWEEN: SMT. KUPAMMA DEAD BY LRS PICHHANDI S/O LATE KANNAPPA AGED ABOUT 50 YEARS AGRICULTURIST R/O DODDIBILU VILLAGE KACHINAKATTE POST SHIMOGA TALUK AND DISTRICT ...APPELLANT (BY SRI CHANDRAKANTH R. PATEL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING BANGALORE - 560001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577201 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA - 577201 4. TAHASILDAR SHIVAMOGGA TALUK SHIVAMOGGA - 577201 ...RESPONDENTS (BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN RA.No.70/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN O.S.No.691/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. IN RSA NO. 1923/2021 BETWEEN: 1. SRI G REVANNA S/O GANGAIAH, AGED ABOUT 62 YEARS, AGRICULTURIST, - 4 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS R/O SRI RAM NAGAR, BEHIND, INDUSTRIAL ESTATE, SAGAR ROAD, SHIMOGA CITY ...APPELLANT (BY SRI CHANDRAKANTH R. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF REVENUE, M S BUILDING, BANGALORE -560 001, REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA -577201 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA -577201 4. TAHASILDAR SHIVAMOGGA TALUK OFFICE BALARAJ URS ROAD, SHIVAMOGGA -577201 SHIVAMOGGA TALUK ...RESPONDENTS (BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN RA.No.66/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN OS No.795/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. - 5 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS IN RSA NO. 1924/2021 BETWEEN: SMT. LAKKAMMA W/O LATE ARASEGOWDA AGED ABOUT 84 YEARS AGRICULTURIST R/O SIDDESHWARA NAGARA CHIKKALLU SHIMOGA CITY-577 201. ...APPELLANT (BY SRI CHANDRAKANTH R. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF REVENUE M S BUILDING BANGALORE-560001. REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201. 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA-577201. 4. TAHASILDAR SHIVAMOGGA TALUK SHIVAMOGGA - 577201. ...RESPONDENTS (BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN RA.No.64/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, - 6 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN O.S.No.606/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. IN RSA NO. 1925/2021 BETWEEN: SRI SIDDAGANGA S/O KARIYAPPA, AGED ABOUT 57 YEARS, AGRICULTURIST, R/O VINAYAKANAGARA VILLAGE, NIDIGE HOBLI, KACHINAKATTE POST, SHIMOGA CITY-577 201 ...APPELLANT (BY SRI CHANDRAKANTH R. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA-577201 4. TAHASILDAR SHIVAMOGGA TALUK, SHIVAMOGGA-577201 ...RESPONDENTS ((BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) - 7 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN RA.No.73/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN OS No.1008/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. IN RSA NO. 1926/2021 BETWEEN: SRI PANCHAKSHARI S/O NAGAPPA, AGED ABOUT 77 YEARS, AGRICULTURIST, R/O DODDIBILU VILLAGE, KACHINAKATTE POST, SHIMOGA TALUK AND DISTRICT ...APPELLANT (BY SRI. CHANDRAKANTH R. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF REVENUE, M S BUILDING, BANGALORE -560001, REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER SHOVAMOGGA DISTRICT, SHOVAMOGGA 577201 3. ASSISTANT COMMISSIONER SHOVAMOGGA SUB DIVISION, SHOVAMOGGA 577201 4. TAHASILDAR - 8 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS SHOVAMOGGA TALUK, SHOVAMOGGA 577201 ...RESPONDENTS (BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN R.A.NO.65/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN O.S.NO.664/2012 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA. IN RSA NO. 1973/2021 BETWEEN: SMT BHAGYAMMA S/O LATE M K HOMBALAIAH AGED ABOUT 68 YEARS AGRICULTURIST R/O DODDIBILU VILLAGE KACHINAKATTE POST SHIMOGA TALUK AND DISTRICT ...APPELLANT (BY SRI CHANDRAKANTH R. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF REVENUE M S BUILDING BANGALORE-560001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201 - 9 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA-577201 4. TAHASILDAR SHIVAMOGGA TALUK SHIVAMOGGA-577201 ...RESPONDENTS (BY SRI S.H.RAGHAVENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2021 PASSED IN RA.NO.67/2017 ON THE FILE OF THE PRL. SR. CIVIL JUDGE AND CJM, SHIVAMOGGA. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.02.2017 PASSED IN O.S.NO.598/2012 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC., SHIVAMOGGA. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT The Tahsildar, Shivamogga is present before the Court. He files an affidavit in respect of these appeals individually. 2. Contents of the affidavits are culled out hereunder for certainty and clarity. - 10 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS AFFIDAVIT IN RSA No.1922/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th respondent in the above Appeal and also being authorized and instructed by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: 2. I state that, the Appellant Lakamma Bin Arasegowda had filed suit bearing O.S.No.691/2021 before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. - 11 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the Trial Court in O.S.No.691/2012 dated 06.02.2017, was set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second Appeal. I further state that during pendency on 20.08.2022 a Saguvali Chit has been issued to Smt. Ramakka W/o. Basappa to an extent of 4 acre 01 guntas in Sy. No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar - 12 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and enjoyment in respect of the suit schedule property has not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the issuance of Saguvali chit dated 20.08.2022. Hence, taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” AFFIDAVIT IN RSA No.1920/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th Respondent in the above Appeal and also being authorized and instructed - 13 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: 2. I state that, the Appellant Lakamma Bin Arasegowda had filed suit bearing O.S.No.691/2021 before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ - 14 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the Trial Court in O.S.No.691/2012 dated 06.02.2017, was set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second Appeal. I further state that during pendency of the present appeal, the plaintiff/appellant Smt.Kuppamma came to be died and her legal heirs have been brought on record as her Legal Representative to contest the present appeal. It is very pertinent to submit herein that subsequently to death of Smt.Kupamma on 20.08.2022 a Saguvali Chit has been issued to Sri Pechandi S/o Kannappa who is the husband of the Smt. Kupamma to an extent of 4 acre 28 guntas in Sy.No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and - 15 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS enjoyment in respect of the suit schedule property has not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the issuance of Saguvali chit dated 20.08.2022. Hence, taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” AFFIDAVIT IN RSA No.1923/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th Respondent in the above Appeal and also being authorized and instructed by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: - 16 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS 2. I state that, the Appellant Sri G.Revanna Bin Gangaiah had filed suit bearing O.S.No.691/2021 before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the - 17 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS Trial Court in O.S.No.691/2012 dated 06.02.2017, was set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second Appeal. I further state that during pendency on 20.08.2022 a Saguvali Chit has been issued to G.Revanna Bin Gangaiah to an extent of 2 acre 29 guntas in Sy. No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and enjoyment in respect of the suit schedule property has not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the - 18 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS issuance of Saguvali chit dated 20.08.2022. Hence, taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” AFFIDAVIT IN RSA No.1924/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th Respondent in the above Appeal and also being authorized and instructed by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: 2. I state that, the Appellant Lakamma Bin Arasegowda had filed suit bearing O.S.No.691/2021 before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction - 19 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the Trial Court in O.S.No.691/2012 dated 06.02.2017, was set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second - 20 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS Appeal. I further state that during pendency on 20.08.2022 a Saguvali Chit has been issued to Lakkamma W/o Arasegowda to an extent of 1 acre 35 guntas in Sy. No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and enjoyment in respect of the suit schedule property has not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the issuance of Saguvali chit dated 20.08.2022. Hence, taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true - 21 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” AFFIDAVIT IN RSA No.1925/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th Respondent in the above Appeal and also being authorized and instructed by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: 2. I state that, the Appellant Bhagyamma W/o Obalayya had filed suit bearing O.S.No.691/2021 before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also - 22 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the Trial Court in O.S.No.691/2012 dated 06.02.2017, was set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second Appeal. I further state that during pendency on 20.08.2022 a Saguvali Chit has been issued to Siddaganga Bin Kariyappa to an extent of 4 acre 08 guntas in Sy.No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. - 23 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and enjoyment in respect of the suit schedule property has not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the issuance of Saguvali chit dated 20.08.2022. Hence, taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” AFFIDAVIT IN RSA No.1926/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga - 24 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th Respondent in the above Appeal and also being authorized and instructed by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: 2. I state that, the Appellant Bhagyamma W/o Obalayya had filed suit bearing O.S.No.691/2021 before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said - 25 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the Trial Court in O.S.No.691/2012 dated 06.02.2017, was set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second Appeal. I further state that during pendency on 20.08.2022 a Saguvali Chit has been issued to Sri Panchakashari to an extent of 2 acre 30 guntas in Sy. No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and enjoyment in respect of the suit schedule property has - 26 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the issuance of Saguvali chit dated 20.08.2022. Hence, taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” AFFIDAVIT IN RSA No.1973/2021 “I, Rajeeva S. S/o. Shankarappa V., aged about 45 years, presently working as Tahsildar, Shivamogga Taluk, Shivamogga District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:- 1. I state that I am arrayed as 4th Respondent in the above Appeal and also being authorized and instructed by Respondent No.1, 2 and 3, I am swearing to this Affidavit which is as follows: 2. I state that, the Appellant Bhagyamma W/o Obalayya had filed suit bearing O.S.No.691/2021 - 27 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS before the Court of First Addl. Civil Judge and JMFC, at Shivamogga, seeking for the relief of Permanent Injunction restraining the defendants No.1 to 4 therein from interfering with her peaceful possession, cultivation and enjoyment of the suit schedule property and along with relief of permanent Injunction restraining the defendants No.1 to 4 therein/ Respondent No.1 to 4 herein dispossessing her from the suit schedule property except due process of law. 3. I state that, the Defendant No.1 to 4 state that, the therein/Respondent No.1 to 4 herein entered their appearance and had filed in the written statement and denied the possession of Plaintiff and also interreference over the suit schedule property as alleged in the Plaint and prayed for dismissal of the suit. 4. I state that the said suit bearing O.S.No.691/2012 came to be decreed on 06.02.2017 by the Trial Court. I further state that, being the aggrieved by the said judgment and decree, the Defendant 1 to 4 therein/ Respondent No.1 to 4 herein preferred appeal before the Court of Prl. Senior Civil Judge and CJM at Shimvmogga in R.A.No.70/2017. I further state that the said appeal filed by the Defendants therein/ Respondent herein under Section 96 Order 41 Rule 1 of CPC came to be allowed on 01.07.2021 and consequently the judgement and decree passed by the Trial Court in O.S.No.691/2012 dated 06.02.2017, was - 28 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS set aside and relief sought by the Plaintiff/Appellant herein seeking for permanent injunction was dismissed. 5. I state that, being aggrieved by the Judgment and Decree dated 01.07.2021 passed by the Senior Civil Judge and CJM, Shivamogga, the Plaintiff/Appellant herein has preferred the present Regular Second Appeal. I further state that during pendency on 20.08.2022 a Saguvali Chit has been issued to Smt. Bhagyamma W/o Obalayya to an extent of 2 acre 03 guntas in Sy. No.120 of Sogane Village, Shivamogga Taluk, Shivamogga district. The copy of the Saguvali Chit dated 20.08.2022 is produced along with this affidavit. 6. I state that, the aforesaid Saguvali Chit dated 20.08.2022 has been issued in respect of the suit schedule property, in view of the orders dated 16.04.2021 and 05.07.2021 passed by the Bagar Hukkam Committee. I further state that, subsequent to the issuance of Saguvali Chit dated 20.08.2022 in respect of suit schedule property, the possession and enjoyment in respect of the suit schedule property has not been interfered by the State and the grantee is in possession of the suit schedule property since 20.08.2022. 7. I state that in view of the issuance of Saguvali Chit in favour of the grantee who is the Appellant in the present appeal may be disposed of in terms of the issuance of Saguvali chit dated 20.08.2022. Hence, - 29 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS taking into the consideration of the above narrated facts and circumstances, it is prayed to pass appropriate orders in the present appeal and disposed of the same. I, the above named Deponent, do hereby verify that all the facts stated in the above Affidavit are true to my knowledge and that, no part thereof is false and nothing material is concealed therefrom.” 3. Suit of the plaintiff was decreed before the Trial Court and reversed by the First Appellate Court on the ground that plaintiff failed to establish lawful possession over the suit property. 4. As a subsequent development, the suit properties are now allotted to the appellants/ plaintiffs in all these appeals by issuing the ‘saguvali chit’. While issuing ‘saguvali chits’ revenue authorities got satisfied that appellants are in possession of the property as on the date of issuance of ‘saguvali chit’. 5. Since the purpose of the suit gets served by issue of ‘saguvali chit’ and recognizing the possession of the plaintiffs as - 30 - HC-KAR NC: 2025:KHC:32327 RSA No. 1922 of 2021 C/W RSA No. 1920 of 2021 RSA No. 1923 of 2021 AND 4 OTHERS on the date of issuance of saguvali chit, no further orders are necessary in these appeals. 6. Placing the affidavit filed by the Tahsildar, Shivamogga, on record, all these Second Appeals stand disposed of. 7. In view of issuance of saguvali chit in favour of the appellants/plaintiffs and recognizing their possession, respondents are restrained from interfering with the peaceful possession and enjoyment of the suit property by the appellants, henceforth. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 38