- 1 - HC-KAR NC: 2025:KHC:34747 RSA No. 119 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 119 OF 2024 (DEC/INJ) BETWEEN: CHINNAPPA (DEAD) S/O LATE MUNIYAPPA SMT LAKSHAMMMA (DEAD) W/O LATE CHINNAPPA BY THEIR LEGAL REPRESENTATIVES 1. SMT KANTHAMMA AGED ABOUT 64 YEARS D/O LATE CHINNAPPA 2. SMT SHANTHAMMA AGED ABOUT 59 YEARS D/O LATE CHINNAPPA 3. SMT RENUKA AGED ABOUT 54 YEARS D/O LATE CHINNAPPA 4. SMT MANJULA AGED ABOUT 49 YEARS D/O LATE CHINNAPPA ANAND H C (DEAD) S/O LATE CHINNAPPA BY HIS LEGAL REPRESENTASIVES Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34747 RSA No. 119 of 2024 5. SMT KANCHANA R AGED ABOUT 31 YEARS W/O LATE ANAND H C 6. MASTER MUNICHINMAYA AGED ABOUT 6 YEARS S/O LATE ANAND H C 7. KUM SHYLA A AGED ABOUT 10 YEARS D/O LATE ANAND H C APPELLANTS 6 & 7 ARE BEING MINORS REPTD, BY THEIR MOTHER AND NATURAL GAURDIAN SMT. KANCHANA R. APPELLANTS 5 TO 6 ARE R/AT NEAR YELLAMMA TEMPLE, HULIBELE VIILAGE, KASABA HOBLI, BANGARPET TALUK KOLAR DISTRICT …APPELLANTS (BY SRI. KRISHNA REDDY R.,ADVOCATE) AND: 1. SRI. CHANDRACHARI AGED ABOUT 68 YEARS S/O LATE BHADRACHARI R/AT HURLAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 2. SRINIVASACHARI AGED ABOUT 65 YEARS S/O LATE BHADRACHARI R/AT HIREKARAPANAHALLI VILLAGE - 3 - HC-KAR NC: 2025:KHC:34747 RSA No. 119 of 2024 BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 3. SRI GOVINDACHARI AGED ABOUT 60 YEARS S/O LATE BHADRACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 4. SRI ANANTHACHARI AGED 55 YEARS S/O LATE BHDRACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 5. SRI RAVICHARI AGED ABOUT 45 YEARS S/O LATE BHADRACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 6. SRI SAMPANGI RAMACHARI AGED 70 YEARS S/O LATE BHADRACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 7. SMT SEETHAMMA AGED 45 YEARS W/O LATE MANIACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI - 4 - HC-KAR NC: 2025:KHC:34747 RSA No. 119 of 2024 BANGARPET TALUK KOLAR DISTRICT 8. SRI AIYAPPA AGED ABOUT 26 YEARS S/O ALTE MANIACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT 9. SRI M PRABHU AGED 20 YEARS S/O LATE MANIACHARI R/AT HIREKARAPANAHALLI VILLAGE BUDIKOTE HOBLI BANGARPET TALUK KOLAR DISTRICT GOVINDAMMAL (DEAD) W/O LATE DORASIWAMCHARI BY HER LEGAL REPRESENTATIVES 10. SMT TAVAMANI AGED ABOUT 42 YEARS D/O LATE SEETHAMMA AND DORAISWAMACHARI W/O SATHIVELU, R/AT CHINA METUR KYATHANDAPALLI POST NAATRARAMABALLI TALUK VELLORE DISTRICT TAMIL NADU 11. SMT MUTHULAKSHMI AGED ABOUT 40 YEARS D/O LATE SEETHAMMA AND DORASIWAMCHARI W/O RAJIV GANDHI R/AT CHINAN METHUR KYATHANDAPALLI POST - 5 - HC-KAR NC: 2025:KHC:34747 RSA No. 119 of 2024 NAATRARAMABALLI TALUK VELLORE DISTRICT TAMIL NADU …RESPONDENTS (BY SRI. THILAK ITTANGUR B N., ADVOCATE FOR R1 TO R5; SRI ABHINAY Y.T., ADVOCATE FOR R10 AND R11; R6 TO R9 ARE SERVED & UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.04.2023 PASSED IN RA.NO.13/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, K.G.F ITINERARY AT BANGARPET, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.10.2021 PASSED IN O.S.NO.82/2010 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, BANGARPET. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, a memo is filed by learned counsel for the appellants. 2. Memo reads as under; “It is submitted the appeal is dismissed with liberty to file suit for possession by the appellant. Hence, this memo.” - 6 - HC-KAR NC: 2025:KHC:34747 RSA No. 119 of 2024 3. Accordingly, present appeal is dismissed with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 58