- 1 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 664 OF 2025 (INJ) C/W REGULAR SECOND APPEAL NO. 1317 OF 2025 (INJ) IN RSA NO.664/2025: BETWEEN: 1. SMT. HEMAVATHI S/O KAYAKADA MAHADEVAPPA AGED ABOUT 74 YEARS OCC: COOLLE WORKER R/O MALEBENNUR AZAD NAGAR 2ND CROSS, HARIHAR TALUK DAVANAGERE DISTRICT-577530. …APPELLANT (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. SRI. NINGANAGOWDA S/O ONKARAPPA AGED ABOUT 50 YEARS OCC: AGRICULTURIST 2. SRI. NAGARAJAPPA S/O ONKARAPPA AGED ABOUT 48 YEARS OCC: AGRICULTURIST RESPONDENTS NO.1 AND 2 ARE R/O G. BEVINAHALLI VILLAGE Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 HARIHARA TALUK DAVANAGERE DISTRICT-577530. …RESPONDENTS (BY SRI. R. GOPAL, ADVOCATE FOR C/R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.02.2025, PASSED IN R.A.NO.26/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR, DISMISSING THE SUIT AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.01.2023 PASSED IN O.S.NO.136/2019 ON THE FILE OF THE C/C. II ADDITIONAL CIVIL JUDGE AND JMFC, HARIHAR. IN RSA NO.1317/2025: BETWEEN: 1. SMT. HEMAVATHI S/O KAYAKADA MAHADEVAPPA, AGED ABOUT 74 YEARS, OCC: COOLIE WORKER, R/O MALEBENNUR, AZAD NAGAR, 2ND CROSS, HARIHARA TALUK, DAVANAGERE DISTRICT-577530. ...APPELLANT (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. SRI. NINGANAGOWDA S/O ONKARAPPA AGED ABOUT 50 YEARS OOC: AGRICULTURIST 2. SRI. NAGARAJAPPA S/O ONKARAPPA AGED ABOUT 48 YEARS OCC: AGRICULTURIST RESPONDENTS NO.1 AND 2 ARE - 3 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 R/O G. BEVINAHALLI HARIHARA TALUK DAVANAGERE DISTRICT-577530. ...RESPONDENTS (BY SRI. R. GOPAL, ADVOCATE FOR C/R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.02.2025, PASSED IN R.A.NO.27/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.01.2023 PASSED IN O.S.NO.136/2019 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, HARIHAR. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. Heard the learned counsel for the appellant and also the learned counsel for the respondents. 2. These two second appeals are filed against the concurrent findings and originally property belongs to the husband of appellant and he sold the property in the year 1983 in favour of one Kariyappa under Ex.D.1, subsequently, the said Kariyappa sold the property in favour of the respondent and in the said sale deed also, - 4 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 the husband of the appellant is also a signatory to the document and hence, it is clear that husband of the appellant was also aware of the earlier sale and also subsequent sale made in favour of the respondent, however, the husband of the appellant passed away in the year 2016 and till then suit was not filed against the appellants herein and only suit is filed in the year 2019 for permanent injunction by restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property and in that suit for permanent injunction, the respondents herein have filed the counter claim and counter claim is allowed and suit of the plaintiff was dismissed wherein direction was given to hand over the possession of the property within three months and the same is confirmed by the First Appellate Court in R.A.No.26/2023 and R.A.No.27/2023 dismissing the appeal filed by the appellant both against the decree as well as against the dismissal. - 5 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 3. Now, the counsel appearing for the appellant would vehemently contend that both the Courts have committed an error. The First Appellate Court was not justified in allowing the regular appeal wherein set-aside the judgment and decree passed in O.S.No.136/2019 dated 24.01.2023 ignoring the facts and probabilities of the case and decision of the Trial Court as well as the First Appellate Court is not in proper perspective and while granting the relief, taken note of when there was a sale deed by the husband of the appellant and the same was not challenged throughout his life from the year 1983 to 1985 onwards till his death in the year 2016 and the same was also taken note of by the Trial Court while granting the relief in favour of the respondents/defendants who made the counter claim as discussed in paragraph No.18 of the Trial Court judgment. The defendants have specifically pleaded in their counter claim that the plaintiff is the tenant under them in respect of written statement ‘B’ schedule property. - 6 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 4. It is their specific contention that on 01.08.2016, the plaintiff entered into the ‘B’ schedule property as a tenant on monthly rent of Rs.3,000/- and since then she is residing as a tenant and there was an oral rental agreement between the plaintiff and defendants and also Trial Court taken note of suit schedule property also come in the same address as mentioned in Ex.P.38 which is family ration card which is issued by the Tahasildar on 08.02.2016 in the name of husband of the plaintiff/appellant i.e., Kayakada Mahadevappa and the address is shown as Azad Nagar, 3rd Cross, Malebennur and R.R number is shown as MB541, this document is inconsonance with the electricity bills, which are for the year 2004 and 2005 and so on. The document Ex.P.53 i.e., Voter Id card of one Geetha D/o Mahadevappa, who alleged to be the adopted daughter of the plaintiff, which is issued on 06.08.2002 by the election authority, address shown as House No.2933, Malebennur and all these materials were taken note of by the Trial Court and First - 7 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 Appellate Court also affirmed the judgment of the Trial Court in coming to the conclusion that the defendants made out their case and also comes to the conclusion that merely because plaintiff was permitted to reside in the suit schedule property, she cannot claim absolute right to the same in the absence of any cogent evidence and hence, Trial Court is justified in holding that defendants are entitled for possession of the suit schedule property. 5. Having considered the material available on record and also particularly, it is a peculiar fact and circumstances of the case that when the property was sold by the husband of the appellant in the year 1983 and inturn the purchaser has sold the property in favour of the present respondent herein vide sale deed of the year 1985, however, considering long possession of the appellant herein and considering the material on record, immediately, the suit was also not filed against the husband of the appellant during his lifetime and only suit is filed in the year 2019. Hence, it is appropriate to grant - 8 - HC-KAR NC: 2025:KHC:53220 RSA No. 664 of 2025 C/W RSA No. 1317 of 2025 three years time from today subject to filing of an undertaking affidavit within one week before this Court stating that the appellant will not going to seek any further time in future. If affidavit is not filed within one week, the appellant will not enure the benefit of this order. 6. The appellant also shall not handover the possession to anybody else by creating any 3rd party right and directed to hand over the vacant possession voluntarily in favour of the respondents forthwith immediately after completion of three years without driving the respondents to file the execution petition to take possession. Accordingly, both the second appeals are disposed of. 7. In view of disposal of the appeals, I.As., if any do not survive for consideration in both the appeals, the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 41