- 1 - HC-KAR NC: 2025:KHC:30632 RSA No. 1314 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1314 OF 2020 (INJ) BETWEEN: SRI UMESH SON OF THIMME GOWDA @ H S ADAVAPPA AGED ABOUT 47 YEARS RESIDING AT SERVEGARANAPALYA VILLAGE DODDNETTAGUNTE MAJRE KASABA HOBLI GUBBI TALUK M H PATNA POST TUMKUR DISTRICT-562216 …APPELLANT (BY SRI. C SHANKAR REDDY.,ADVOCATE) AND: SRI H NANJUNDAIAH SON OF LATE HUCHHAPPA AGED ABOUT 85 YEARS RESIDING AT SERVEGARANAPALYA VILLAGE DODDNETTAGUNTE MAJRE KASABA HOBLI GUBBI TALUK M H PATNA POST TUMKUR DISTRICT-562216 …RESPONDENT (BY SRI. D.M MANJUNATH.,ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30632 RSA No. 1314 of 2020 THIS RSA IS FILED UNDER ORDER XLII RULE 1 R/W. SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.09.2020 PASSED IN RA NO.37/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, AT GUBBI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.09.2018 PASSED IN OS NO.239/2014 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC., GUBBI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo which reads as under: " The respondent/plaintiff had filed a suit for the relief of permanent injunction against the appellant/defendant alleging that he is the absolute owner in possession of the suit schedule property, that the plaintiff got the suit schedule property being agricultural land bearing Sy no.322/1 measuring 3 acres situated at MMA village, Chelur Hobli, Gubbi Taluk, Tumkur District under registered relinquishment deed dated 08.06.2009 executed by defendant in his favour, that the plaintiff has developed the joint family properties and getting income from the joint family properties, that the defendant without any right, title or interest is causing interference or possession over the suit schedule property is trying to - 3 - HC-KAR NC: 2025:KHC:30632 RSA No. 1314 of 2020 allegedly interfere and hence filed the suit for permanent injunction. the father of the 2. The appellant/defendant filed written statement contending that the plaintiff and the father of the defendant are brothers, that the suit schedule property was originally a joint family property, that the plaintiff and the father of the defendant divided their joint family properties under registered partition deed dated 14.11.2005 in which the suit schedule property has fallen to the share of father of defendant, that the brother of the defendant has given in adoption to Sri Venkataiah and Smt. Chikkamma by the father and mother of the defendant under registered adoption deed dated 21.06.1993, that since the date of adoption the brother of the defendant Sri A. Huche Gowda ceases to be a natural son of father of defendant, that he became the son of his adoptive father Sri Venkataiah, that the suit schedule property and other properties has fallen to the share of the defendant's father, that from the date of partition the defendant and his father are in joint possession and enjoyment and they have been raising regular crops in the suit schedule property, that the alleged registered release deed dated 08.06.2009 is not valid as the father of the defendant was not the exclusive owner, that the same is sham and void document and is not binding on the share of the defendant, that the father of the defendant is innocent and illiterate, that the plaintiff is a school teacher and has managed to create documents in order to grab the property of the family of the defendant - 4 - HC-KAR NC: 2025:KHC:30632 RSA No. 1314 of 2020 and on all these grounds prayed for dismissal of the suit. The said suit came to be decreed under a Judgment and Decree dated 22.09.2018 made in OS No.239/2014 and the said Judgment has been confirmed in RA No.37/2018 on the file of the Senior Civil Judge and JMFC at Gubbi. Being aggrieved by the Judgment and Decrees indicated as above the present RSA is filed. 3. The appellant submits there is also a suit in OS no.83/2013 on the file of the Additional Civil Judge and JMFC at Gubbi which was filed by Sri. Thimmegowda against Sri. A. Huche Gowda and others and the respondent herein is also arrayed as a defendant no.3 in the said suit. The said suit is filed for the relief of partition and allied reliefs and the same is pending disposal. 4. One S.N Nagaraju has filed another suit in OS no.66/2025 on the file of the Additional Senior Civil Judge and JMFC at Gubbi for the relief of declaration and allied reliefs and the parties to the above appeal are also made parties to the said suit and the same is pending disposal. 5. The appellant does not admit that the respondent is in possession of the property. However, in view of the subsequent events, without admitting the findings rendered in the judgments and decrees impugned herein, the appellant reserves liberty to urge all these grounds in the pending suits. This honourable court may kindly hold that while deciding the pending suits, the courts below dealing with the pending suits would not be - 5 - HC-KAR NC: 2025:KHC:30632 RSA No. 1314 of 2020 bound by the findings given in the impugned judgments and decrees and decide the suits independently. In the said circumstances, the above appeal may be disposed of reserving liberty to urge all the grounds raised in the above appeal in the pending suits between the same parties as indicated above in the interest of justice and equity.” Memo is taken on record. Appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 39