- 1 - HC-KAR NC: 2025:KHC:43830 RSA No. 267 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 267 OF 2019 (DEC/INJ) BETWEEN: 1. SRI GAVIRANGAIAH S/O SANNAVARADANAIKA AGED ABOUT 51 YEARS R/AT NADUVANAHALLI VILLAGE, SHETTIEKERE HOBLI, C.N. HALLI TALUK, TUMKUR DISTRICT - 572 101. …APPELLANT (BY SRI. ANITHA H.R., ADVOCATE) AND: 1. NANJAMMA W/O. LATE SIDDARAMAIAH SINCE DECEASED, R4 IS THE LR OF R1 CAUSE TITLE AMENDED VIDE COURT ORDER DATED 22.06.2024 2. GANGAMMA D/O LATE SIDDARAMAIAH AGED ABOUT 74 YEARS R1 AND R2 ARE R/AT SEEGEBAGI, HULIYAR HOBLI, CHIKKANAYAKANAHALLI TALUK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43830 RSA No. 267 of 2019 TUMKUR DISTRICT - 572 101. 3. SIDDARAMAIAH S/O KARIYAPPA AGED ABOUT 86 YEARS 4. MALLIKARJUNAIAH S/O SIDDAPPA AGED ABOUT 66 YEARS R3 AND R4 ARE R/AT NADUVANAHALLI VILLAGE CHETTIKERE HOBLI, C.N. HALLI TALUK, TUMKUR DISTRICT - 572 101. …RESPONDENTS (BY SMT. S.B. LAKSHMI, ADVOCATE FOR R4 R4 IS LR OF R1 VIDE ORDER DATED 22.06.2024) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.12.2018 PASSED IN RA.NO.44/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHIKKANAYAKANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.03.2013 PASSED IN O.S.NO.173/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., CHIKKANAYAKANAHALLI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:43830 RSA No. 267 of 2019 ORAL JUDGMENT This is plaintiff's second appeal, being aggrieved by the judgment and decree dated 10.12.2018 passed in R.A.No.44/2013 by the Senior Civil Judge & JMFC, Chikkanayakanahalli (for short 'the First Appellate Court') confirming the judgment and decree dated 04.03.2013 passed in O.S. No.173/2000 by the Prl. Civil Judge and JMFC., Chikkanayakanahalli (for short 'the Trial Court') filed by the plaintiff for the relief of declaration and permanent injunction. 2. Defendant No.1/respondent herein also filed a suit against the plaintiff/appellant herein for the relief of declaration and permanent injunction in O.S No.22/2001 in respect of suit schedule property. The said suit was decreed in favor of defendant No.1. Though the said decree was challenged by the appellant herein in RA No.46/2013 before the First Appellate Court, the First Appellate Court dismissed the appeal and confirmed the judgment and decree passed by the Trial Court. 3. Against the said judgment, the appellant preferred regular second appeal before this court in RSA No.329/2019. - 4 - HC-KAR NC: 2025:KHC:43830 RSA No. 267 of 2019 The Co-ordinate Bench of this court dismissed the said regular second appeal vide order dated 31.01.2024. In view of the dismissal of regular second appeal and concurrent finding of the Trial Court and First Appellate Court that the respondent/defendant No.1 is the absolute owner in respect of suit schedule property and the plaintiff, who had set up a plea of nominal sale transaction, has failed to produce any acceptable material or evidence in justification of his claim. Further, nothing has been elicited to discredit the evidence of defendant No.1. Further, the validity of Sale Deed being a deed of conveyance executed and registered in accordance with the relevant provisions of law has not been impeached by producing any rebuttal evidence by the plaintiff. As such, no substantial question of law would arise for consideration. Accordingly, the appeal is dismissed. Sd/- (RAJESH RAI K) JUDGE PSJ List No.: 1 Sl No.: 11