- 1 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.843 OF 2007 (RES) C/W REGULAR SECOND APPEAL NO.1338 OF 2007 (RES) IN RSA NO.843/2007: BETWEEN: 1. VISHAKANTEGOWDA SINCE DEAD BY HIS LRS SMT. THAYAMMA AGED ABOUT 60 YEARS W/O LATE VISHAKANTEGOWDA 2. KEMPARAJU AGED ABOUT 40 YEARS S/O LATE VISHAKANTEGOWDA 3. PRAKASH AGED ABOUT 38 YEARS S/O LATE VISHAKANTEGOWDA 4. SMT. MANJULA AGED ABOUT 32 YEARS D/O LATE VISHAKANTEGOWDA 5. NAGENDRA AGED ABOUT 30 YEARS S/O LATE VISHAKANTEGOWDA Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 6. BABU AGED ABOUT 28 YEARS S/O LATE VISHAKANTEGOWDA SL.NOS.1 TO 6 ARE RESIDING AT DEVARAJA MOHALLA ANNAYAPPANA BEEDI KUMBARA KOPPAL MYSORE-570016. 7. ASHWATH KUMSHI S/O LATE SHIVASIDDEGOWDA AGED ABOUT 57 YEARS R/AT NO.277, 2ND CROSS NEAR MAHADESHWARA HIGH SCHOOL MAHADESHWARA EXTENSION MYSORE-570016. 8. VIJAYA KUMAR S/O. LATE SHIVASIDDEGOWDA AGED ABOUT 55 YEARS R/AT NO.276, 2ND CROSS, NEAR MAHADESHWARA HIGH SCHOOL MAHADESHWARA EXTENSION MYSORE-570016. …APPELLANTS (BY SRI. M. ERAPPA REDDY, ADVOCATE FOR APPELLANTS NO.1 TO 6; SRI. H.M. MANJUNATHA, ADVOCATE FOR APPELLANTS NO.7 AND 8) AND: 1. 1(a) R. PUTTAIAH SINCE DEAD BY HIS LRS K.P. KEMPAIAH AGED ABOUT 45 YEARS S/O LATE R. PUTTAIAH - 3 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 1(a)(1) SMT. SHANTHAMMA W/O. LATE K.P. KEMPAIAH SINCE DEAD BY LR'S 1(a)(1)(1) SRI. KEMPARAJU S/O. LATE K.P. KEMPAIAH AGED ABOUT 35 YEARS 1(a)(1)(2) SMT. SUJATHA D/O. LATE K.P. KEMPAIAH AGED ABOUT 32 YEARS 1(a)(1)(3) SMT. RUKMINI D/O. LATE K.P. KEMPAIAH AGED ABOUT 30 YEARS RESPONDENTS NO.1(a)(1)1 TO 1(a)(1)3 ARE RESIDING AT NO.263/A,GOKULAM 2ND STAGE MYSORE - 570 002. 1(a)(1)(4) SMT. TEJA AGED ABOUT 55 YEARS W/O. LATE P. RAMASWAMY 1(a)(1)(5) SRI. GIRISH AGED ABOUT 32 YEARS S/O. LATE P. RAMASWAMY 1(a)(1)(6) SMT. SOWMYA R AGED ABOUT 30 YEARS D/O. LATE P RAMASWAMY W/O. SRI ASHOK RESPONDENTS NO.1(a)(1)4 TO 1(a)(1)6 ARE RESIDING AT NO.263/A, OKULAM 2ND STAGE, MYSURU- 570 002. (RESPONDENTS 1(a)(1)4 TO 1(a)(1)6 ARE IMPLEADED AND AMENDED AS PER ORDER DATED 16.07.2026) - 4 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 1(b) K.P. NINGARAJU S/O LATE R. PUTTAIAH SINCE DEAD BY HIS LRS. 1(b)(1) SMT. LAKSHMAMMA W/O. LATE K.P. NINGARAJU AGED ABOUT 50 YEARS 1(b)(2) PUNITH S/O. LATE K.P.NINGARAJU MINOR, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. LAKSHMAMMA 1(b)(3) VANITHA D/O. LATE K.P.NINGARAJU AGED ABOUT 21 YEARS 1(b)(4) REKHA D/O. LATE K.P.NINGARAJU AGED ABOUT 19 YEARS 1(c) SMT. NARASAMMA AGED ABOUT 40 YRS D/O LATE R. PUTTAIAH ALL ARE RESIDING AT NO.263/A GOKULAM 2ND STAGE MYSORE-570 002. 2. MYSORE URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN MYSORE-570 005. …RESPONDENTS (BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE FOR R(1)(a)(1)(1), R(1)(a)(1)(4), R(1)(a)(1)(5), R(1)(a)(1)(6) AND R(1)(c); SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2) - 5 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 29.01.2007 PASSED IN R.A.NO.422/2004 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-V, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE APPEAL AND THE JUDGEMENT AND DECREE DATED 18.12.1995 PASSED IN O.S.NO.516/1986 ON THE FILE OF THE III ADDL.I MUNSIFF, MYSORE. IN RSA NO.1338/2007: BETWEEN: 1. MYSORE URBAN DEVELOPMENT AUTHORITY J.L.B.ROAD, MYSORE-570001 REPRESENTED BY ITS COMMISSIONER. ...APPELLANT (BY SRI. T.P. VIVEKANANDA, ADVOCATE) AND: 1. R. PUTTAIAH SINCE DECEASED BY LRS K.P. KEMPAIAH S/O. LATE R. PUTTAIAH R/AT DOOR NO.263/A GOKULAM II STAGE MYSORE-570002 DIED ON 21.05.2021 SINCE DEAD BY LRS - 6 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 1(a). SMT. SHANTAMMA W/O. LATE K.P.KEMPAIAH AGED ABOUT 59 YEARS DIED-R1(b) TO (d) ARE TREATED AS LRS OF DECEASED R1(a). 1(b). SRI. KEMPARAJU S/O. LATE K.P. KEMPAIAH AGED ABOUT 32 YEARS 1(c) SMT. SUJATHA D/O. LATE K.P. KEMPAIAH AGED ABOUT 32 YEARS 1(d) DAKSHYANI K D/O LATE K.P. KEMPAIAH AGED ABOUT 30 YEARS 2. LATE K.P. NINGARAJU S/O. LATE R. PUTTAIAH 2(a) SMT. LAKSHMAMMA W/O. LATE K.P. NINGARAJU AGED ABOUT 61 YEARS 2(b) SMT. VANITHA D/O. LATE K P NINGARAJU AGED ABOUT 33 YEARS 2(c) SMT. REKHA D/O. LATE K.P. NINGARAJU AGED ABOUT 31 YEARS 2(d) PUNITH S/O. LATE K.P. NINGARAJU AGED ABOUT 31 YEARS RESPONDENTS NO.2(a) TO 2(d) ARE RESIDING AT NO.263/A, GOKULAM 2ND STAGE, MYSORE- 570 002. - 7 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 3. SMT. NARASAMMA MAJOR, R/AT DOOR NO.263/A GOKULAM, 2ND STAGE MYSORE-570 002. 4. SRI. LATE VISHANKANTE GOWDA S/O. LATE SHIVAPADEGOWDA DIED ON 09.07.1999 (RESPONDENTS NO.5 TO 10 ARE LRS OF DECEASED RESPONDENT NO.4) 5. SMT. THYAMMA W/O. LATE VISHAKANTEGOWDA AGED ABOUT 63 YEARS 6. SRI. KEMPARAJU S/O. LATE VISHAKANTEGOWDA AGED ABOUT 43 YEARS 7. SRI. PRAKASH S/O. LATE VISHAKANTEGOWDA AGED ABOUT 41 YEARS 8. SMT. MANJULA D/O. LATE VISHAKANTEGOWDA AGED ABOUT 35 YEARS 9. SRI. NAGENDRA S/O. LATE VISHAKANTEGOWDA AGED ABOUT 33 YEARS 10. SRI. BABU S/O. LATE VISHAKANTEGOWDA AGED ABOUT 31 YEARS ALL ARE RESIDING AT DEVARAJA MOHALLA, ANNAYAPPANA BEEDI KUMBARAKOPPAL MYSORE-570 016. - 8 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 11. SMT. TEJA AGED ABOUT 55 YEARS W/O. LATE P. RAMASWAMY 12. SRI. GIRISH AGED ABOUT 32 YEARS D/O. LATE P. RAMASWAMY W/O. SRI. ASHOK 13. SMT. SOWMYA R AGED ABOUT 30 YEARS D/O. LATE P. RAMASWAMY W/O. SRI. ASHOK RESPONDENTS NO.11 TO 13 ARE R/AT NO.263/A, GOKULAM 2ND STAGE MYSORE-570 002. ...RESPONDENTS (BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE FOR R2(a)(b), R11, R12 AND R13; SRI. M. ERAPPA REDDY, ADVOCATE FOR R5 TO R10; R4 IS DEAD AND LRS ALREADY ON RECORD AS R5 TO R10, VIDE ORDER DATED 27.03.2012; NOTICE TO R1(c) IS HELD SUFFICIENT VIDE ORDER DATED 27.10.2023; NOTICE TO R1(d) IS HELD SUFFICIENT VIDE ORDER DATED 19.12.2024) THIS RSA IS FILED UNDER SECTION 100 CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.1.2007 PASSED IN R.A.NO.422/2004 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-V, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.12.1995 PASSED IN O.S.NO.516/1986 ON THE FILE OF THE III ADDL.I MUNSIFF, MYSORE. - 9 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 THESE APPEALS ARE COMING ON FOR DISMISSAL THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the counsel for appellants and also the counsel appearing for respondents. 2. This Court having found the identification of the property between the parties vide order dated 10.01.2022 directing the Mysuru Development Authority (MUDA) to inspect the spot and submit a report. Now the report is submitted by the MUDA on 02.02.2022 stating that consequent upon the direction given by this Court dated 10.01.2022 conducted the spot inspection of sites allotted in favour of the plaintiffs and defendant No.2 and submitted the report. At the time of spot inspection, it was found that though the original plaintiff was allotted with site No.263, measuring 50’ to 75’ feet, however, he - 10 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 has constructed residential house in site No.263/A which was actually allotted in favour of Sri Vishakante Gowda. 3. It is further found that Sri Vishakante Gowda has allotted site No.263/A and 263/B both measuring 50’ to 75’ under Land Loser quota in view of the dispute in respect of site No.263/B. Sri Vishakante Gowda has sought for allotment of alternative site and had been allotted alternative site in Metagalli Layout and his claim at Gokulam layout remains only with regard to Site No. 263/A. In the light of the facts and circumstances prevailing as on date, site No. 263/A, measuring 50’x75’ on which building is constructed by LRs’ of Puttaiah, the original plaintiff could be confirmed in their favour and site No.263, which is in possession of Sri. Vishakantegowda, could be confirmed in favour of his legal representatives. Consequently, the claim of legal representatives of Puttaiah for issuance of possession certificate and allotment letter in respect of site No.263 may have to be - 11 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 rejected inasmuch as the original allottee Puttaiah was not entitled for allotment of two sites from CITB. Copy of the communication addressed to the undersigned by the appellant is produced before the kind perusal of this Court. 4. The respective counsels are present before the Court and in view of mis-identification and construction of the building in different sites which has led to litigation between the parties. In view of the spot inspection and clarifying the report filed by the MUDA and also misidentification of the property in site No.263/A, measuring 50’x75’ on which building is constructed by LRs of Puttaiah, i.e. original plaintiff, could be confirmed in their favour and site No.263, which is in possession of Sri. Vishakante Gowda, could be confirmed in favour of his legal representatives and consequently in view of construction made, the same would be the interchange between both of them. Further, in view of clarification report filed by MUDA to execute a sale deed in favour of - 12 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 the legal representatives of Puttaiah and also in favour of legal representatives of Visakhante Gowda, the same site No.263/A goes to the LRs’ of Puttaiah and also made it clear that the question of claim of site No.263, made by Sri.Vishakante Gowda does not arise in view of already alternative site is given to Vishakante Gowda at Metagalli Layout in view of the issue between the parties which was taken note of by this Court in the year 2022. 5. Further, it is noted that appellant Nos.1 to 6 who are the legal representatives of Late Vishakante Gowda have no objection to allot site No.263 that is intermediate site in favour of appellant Nos.7 and 8 as the said Vishakante Gowda had executed Will in favour of appellant Nos.7 and 8. The said will is also not disputed by appellant Nos.1 to 6 and to that effect have executed the affidavits confirming the will executed by Vishakante Gowda in favour of appellant Nos.7 and 8. Hence, site No.263 goes in favour of appellant Nos.7 and 8. - 13 - HC-KAR CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 Accordingly, these two Regular Second Appeals are disposed of. Sd/- (H.P.SANDESH) JUDGE SSD List No.: 1 Sl No.: 52