- 1 - NC: 2025:KHC-K:2001 RSA No. 7097 of 2012 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 7097 OF 2012 (DEC/INJ) BETWEEN: 1. VITHAL S/O DHONDIRAM AGE ABOUT 42 OCC: AGRICULTURE, 2. LAXMAN S/O DATTU AGE ABOUT 57, OCC: AGRICULTURE, ALL ARE R/O: H.NO.11-13-12, BRESTWARPET, RAICHUR – 584 101. …APPELLANTS (BY SRI SACHIN M.MAHAJAN, ADVOCATE) AND: 1. AVINASH KUMAR S/O NOT KNOW, AGE: MAJOR, OCC: BUSINESS SALES CORPORATION 2. S.B.BANKOLLI S/O BASAVANEPPA BANKOLLI AGE: MAJOR, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2001 RSA No. 7097 of 2012 OCC: BUSINESS BOTH ARE R/O: SAITALAB RAICHUR – 584 101. …RESPONDENTS (BY SRI GANESH S. KALBURAGI, ADVOCATE FOR R2; V/O DATED 17.03.2025 NOTICE TO R1 IS HELD SUFFICIENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND DECREE DATED 16.12.2011 PASSED BY THE FAST TRACK – I COURT, AT : RAICHUR DISMISSING R.A.NO.21/2010 AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.01.2010 PASSED BY PRINCIPAL CIVIL JUDGE (SR.DN), AT RAICHUR IN O.S.NO.71/2005 WITH COSTS THROUGHOUT AND FURTHER DECREE THE SAID SUIT WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REGULAR SECOND APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the respondents submits that this second appeal is rising from the common judgment delivered in RA 20/2010, 21/2010 and 22/2010 on the file of Fast Track Court at Raichur. - 3 - NC: 2025:KHC-K:2001 RSA No. 7097 of 2012 2. It is submitted that challenging the judgment and decree in RA No.20/2010 and RA No.22/2010, RSA No.7090/2012 and 7091/2012 have been decided by this Court and the appeals are allowed in part. Judgment and decrees dated 16.12.2011 in RA No.20/2010 and 22/2010 on the file of Fast Track Court at Raichur are set aside and consequently, the suit in O.S No.228/2003 on the file of Principal Senior Civil Judge, Senior Division at Raichur is decreed in part. 3. It is further stated that in terms of the said judgment and decree, the plaintiffs are declared as the owners of the suit property excluding the portion of the property covered under the registered sale deed dated 25.02.1993 marked at Ex.D5. It is also ordered in the said Regular Second Appeals that the defendants are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of the suit property excluding the portion of the property purchased by defendant No.8 under the sale deed dated 25.02.1993 marked at Ex.D5. - 4 - NC: 2025:KHC-K:2001 RSA No. 7097 of 2012 4. Learned counsel for respondents would submit that in view of the disposal of aforementioned two regular second appeals, similar order has to be passed in this appeal. 5. Learned counsel for the appellants fairly submits that in view of the aforementioned judgment and decree, the appeal does not survive for consideration and the appellants are bound by the judgment and decree in RSA No.7090/2012 and 7091/2012. 6. The submissions of the learned counsel for the parties is placed on record. 7. Accordingly, the appeal is dismissed, and the appellants are bound by the decree in RSA No.7090/2012 and 7091/2012. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 28