- 1 - HC-KAR NC: 2025:KHC-D:16573 RSA No. 100081 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100081 OF 2022 (INJ) BETWEEN: 1. SMT. LAGAMMA @ LAGAMAMMA W/O. HANUMANTAPPA UPPAR, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. HOSALLI, TQ. SHIRAHATTI, DIST. GADAG-582209. 2. DEVAPPA AYYALAPPA HUBBALLI @ HUBLI, AGED ABOUT 59 YEARS, OCC. AGRICULTURE, R/O. HOSALLI TQ. SHIRAHATTI, DIST. GADAG-582209. 3. RAMAPPA AYYALAPPA HUBBALLI @ HUBLI, OCC. AGRICULTURE, R/O. KADKOL, TQ. SHIRAHATTI, DIST. GADAG-582120. …APPELLANTS (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPTD. BY DEPUTY COMMISSIONER, GADAG, DIST. GADAG-582101. 2. THE EXECUTIVE OFFICER DISTRICT JILLA PANCHAYAT OFFICE, DIST. GADAG-582101. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.28 10:40:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16573 RSA No. 100081 of 2022 3. THE EXECUTIVE ENGINEER PWD OFFICE, DIST. GADAG-582101. 4. THE TASHILDAR SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 5. THE EXECUTIVE ENGINEER PWD SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. 6. THE EXECUTIVE OFFICER TALUK PANCHAYAT, SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG-582120. …RESPONDENTS (BY SRI. VIJAY M. MALALI, ADVOCATE; SRI. DAYANAND SANGRESHI, HCGP FOR R1, R3 TO R5; R2 AND R6-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE LOWER COURTS RECORDS AND PERUSE THE SAME AND SET ASIDE THE DATED 25.10.2021 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, LAXMESHWAR, IN RS NO.12/2021 WHEREBY CONFIRMING THE JUDGMENT AND DECREE DATED 03.06.2021 PASSED IN O.S.NO.107/2016 AND CONSEQUENTLY DECREE THE SUIT OF THE APPELLANTS AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16573 RSA No. 100081 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) None appears for the appellants. 2. Perused the records. 3. It is the contention of the appellants/plaintiffs before the Trial Court as well as the First Appellate Court that the defendants are trying to encroach into his property while widening the road abutting his property. After the trial, the Trial Court as well as the First Appellate Court have come to the conclusion that there is no material to show that there is any encroachment by the defendants while widening the road. Such appreciation by the Trial Court is upheld by the First Appellate Court. 4. When a question of fact has been decided by the First Appellate Court, it is not possible for this Court to enter into the appreciation of the evidence which has attained finality. There is no material to show that such appreciation of the evidence by the Trial Court as well as the First Appellate Court is patently and - 4 - HC-KAR NC: 2025:KHC-D:16573 RSA No. 100081 of 2022 prima facie perverse. Hence, the appeal is bereft of merits and as such the same is dismissed. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 18