- 1 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO.739 OF 2021 (INJ) BETWEEN: 1. SRI B. PAPANNA S/O LATE AJJAPPA, AGED ABOUT 65 YEARS, 2. SURESH S/O B. PAPANNA, AGED ABOUT 49 YEARS, BOTH ARE RESIDING AT PURADAGADE VILLAGE, KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT-562101. …APPELLANTS (BY SRI S.A. SUDHINDRA, ADVOCATE AND SRI L. NARASIMHA MURTHY, ADVOCATE) AND: 1. SRI P.B. SHANTHAKUMAR S/O LATE DODDABACHAPPA, AGED ABOUT 44 YEARS, 2. SRI GOVINDARAJU S/O BACHAPPA, AGED ABOUT 46 YEARS, BOTH ARE RESIDING AT PURADAGADE VILLAGE, KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT-562101. …RESPONDENTS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 19.10.2020 PASSED IN R.A.NO.15/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.12.2019 PASSED IN O.S.NO.147/2015 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, CHICKBALLAPUR. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This Regular Second Appeal is preferred by the defendants assailing the concurrent findings of facts recorded by the Courts below in R.A. No.15/2020 dated 19.10.2020 on the file of the II Additional Senior Civil Judge and JMFC, Chickballapur, (‘the first Appellate Court’ for short), whereby, the First Appellate Court confirmed the judgment and decree in O.S. No. 147/2015 dated 13.12.2019 on the file of the II Additional Civil Judge and JMFC, Chickballapur (‘the trial Court’ for short), decreeing the suit for permanent injunction. - 3 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 BRIEF FACTS 2. The plaintiff instituted a suit seeking permanent injunction in respect of property bearing HL No. 119, measuring east-west 25 feet and north-south 30 feet situated at Puradagadde Village, Kasaba Hobli, Chickballapur, contending that the suit property is the ancestral property of the plaintiff succeeded from his father and that he is in lawful possession and enjoyment. The defendants without any right or interest over the suit schedule property tried to interfere with the possession and hence the present suit. 3. The defendants while contesting the suit, claimed ownership and possession over a property HL No.5 measuring east-west 30 feet, north-south 45 feet situated at Puradagadde Village, Kasaba Hobli, Chickballapur based on the government grant. - 4 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 4. The trial Court, based on the pleadings, oral and documentary, framed the necessary issues. In order to substantiate their claim, the plaintiff examined himself as PW1, one witness as PW2 and marked documents at Exhibit P1 to Exhibit P20. The defendants on other hand examined defendant No. 2 as DW1 and marked documents at Exhibit D1 to Exhibit D23. 5. The trial Court, on appreciation of the oral and documentary evidence, held that the plaintiffs have proved lawful possession and found interference by the defendants. The trial Court observed that HL No.119 and HL No.5 are distinct properties and decreed the suit granting permanent injunction. 6. The first Appellate Court, being the last fact finding Court, re-appreciated the entire oral and documentary evidence and concurred with the judgment - 5 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 and decree of the trial Court, aggrieved by which, the defendants are before this Court. 7. Learned counsel appearing for the appellants, though contends that the plaintiff is interfering with the defendants’ property under the guise of a decree in OS No. 91/2015, which is totally a different schedule property. 8. The material on record would indicate that the present suit is filed in respect of the following schedule property : “Property bearing HL No. 119, measuring east-west 25 feet and north-south 30 feet situated at Puradagadde Village, Kasaba Hobli, Chickballapur, bounded on : East by : Sy. No. West by : Road North by : Shanthamma and Others South by : Property of P.B.Narayanappa” - 6 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 9. In OS No. 91/2015 filed by the defendant No.1 which was instituted on 04.02.2015 was in respect of the suit schedule property bearing HL No. 5 measuring east- west 30 feet, north-south 45 feet situated at Puradagadde Village, Chickballapur and the same came to be decreed on 30.11.2021. The said order has attained finality. The trial Court and the first Appellate Court observed that the suit property is HL No.119, whereas the defendants claim pertains to HL No.5 and concurrently held that the properties are distinct and separate. The plaintiff is in lawful possession of HL No.119. The earlier suit relied in O.S.No.91/2015 by the defendants pertains to HL No.5 and therefore, has no bearing on the present suit. It is well settled law that in a suit for bare injunction, the Court is concerned with the possession and interference. The findings recorded by both the Courts are based on proper appreciation of evidence and are purely findings of fact. The manner in which the trial Court and the first Appellate Court has considered the entire oral and documentary - 7 - HC-KAR NC: 2026:KHC:19791 RSA No. 739 of 2021 evidence, this Court is of the considered view that no substantial question of law arises for consideration to be dealt with under Section 100 CPC. Accordingly, this Court pass the following : ORDER (i) The Regular Second Appeal is hereby dismissed. (ii) The judgment and decree of the Courts below stands confirmed. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 34