- 1 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 200 OF 2026 (INJ) BETWEEN: B. N. SURESHA S/O LATE B.S.NAGAPPA GOWDA, AGED ABOUT 55 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK CHIKKAMAGALURU-577134. …APPELLANT (BY SRI. UMESH MOOLIMANI, ADVOCATE) AND: 1. FATHER VICAR THOMAS, FATHER AT ST.JOSEPH'S CHURCH, AGED ABOUT 70 YEARS, R/O SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 2. JHOSE KOTI JHOSE, AGED ABOUT 58 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 N.R.PURA TALUK, CHIKKAMAGALURU-577134. 3. BEENN S/O PAILY, AGED ABOUT 50 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 4. VARKEE S/O DEVASI, AGED ABOUT 55 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 5. A.B.MANJUNATHA S/O A.G.BELLAIAH GOWDA, AGED ABOUT 55 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 6. VINAYA A.J. S/O JAIRAMA GOWDA, AGED ABOUT 45 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 3 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 7. PRAVEENA A. A. S/O ANANDA GOWDA, AGED ABOUT 54 YEARS, R/O ARASINAGERE, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 8. M.MAHESH, S/O LATE. B.K.MARULAPPA, AGED ABOUT 64 YEARS, PRESIDENT, S.D.M.C. BERCHMAN'S HIGH SCHOOL, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 9. UMESH A.D. S/O DAKAPPA GOWDA A.T., MAJOR, R/O ARASINAGERE, KADAHINABAILU VILLAGE, SHETTYKOPPA VILLGE, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 10. A.E.ELDHO, S/O ETTAPURI, AGED ABOUT 58 YEARS, R/O ALANDURU, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 4 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 11. ASANABBA S/O HAIDROSE BEARY, AGED ABOUT 55 YEARS, R/O BHADRA COLONY, SHETTYKOPPA POST, N.R.PURA, TALUK, CHIKKAMAGALURU-577134. 12. JOSEPH K.D. S/O DEVASI K.V., AGED ABOUT 50 YEARS, R/O BHADRA COLONY, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMGALURU-577134. 13. C.M.JOSEPH S/O.CHEKKATHADATHIL, MAJOR, R/O. SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 14. A.L. MAHESHA, S/O LAXME GOWDA, MAJOR, R/O SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 15. LINGAPPA S/O HEERAPPA, AGED ABOUT 68 YEARS, R/O JANATHA COLONY, - 5 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 16. RAMACHANDRA S/O HEERAPPA, AGED ABOUT 84 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMGALURU-577134. 17. PRAKASH S/O DURGAPPA, AGED ABOUT 46 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 18. SURESHA S/O HEERAPPA, AGED ABOUT 65 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 19. PRABHAKARA, S/O RAMACHANDRA, AGED ABOUT 58 YEARS, - 6 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 20. RUDRAPPA S/O RAMACHANDRA, AGED ABOUT 48 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 21. NAGARAJ S/O BERAIAH, AGED ABOUT 58 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 22. MARIYAMMA W/O LATE PONNUSWAMY, AGED ABOUT 75 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R. PURA TALUK, CHIKKAMAGALURU-577134. 23. LONAPPA S/O M.B.THOMAS, AGED ABOUT 62 YEARS, - 7 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 R/O DASANAGADDE, BADAGABAILU VILLAGE, B.H.KAIMARA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 24. SEVIYAR R.LOPIS S/O. REVIS LOPIS, AGED ABOUT 49 YEARS, R/O SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 25. SADANANDA, S/O MAHABALA SHETTY, AGED ABOUT 58 YEARS, R/O. NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 26. GEORGE T.V. S/O VARKY, AGED ABOUT 77 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 27. A.P.VARKY S/O A.V.PATHROSE, AGED ABOUT 62 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R. PURA TALUK, CHIKKAMAGALURU-577134. - 8 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 28. MARY W/O LATE. JOSE C.D., AGED ABOUT 57 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 29. HEMAVATHI W/O D.M.HUCHEERAPPA, AGED ABOUT 55 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 30. DAVOOD S/O MAIDIN BEARY, AGED ABOUT 53 YEARS, R/O JANATHA COLONY, SHETTYKOPPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 31. GEORGE P.A. S/O AUGUSTINE, AGED ABOUT 56 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 32. ANTHONY P.V., AGED ABOUT 70 YEARS, R/O BHADRA COLONY, - 9 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 33. VARGHESE M. C., S/O CHERIYA, AGED ABOUT 70 YEARS, R/O JANATHA COLONY, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 34. PRAKASH K.P. S/O POULOSE K.P., AGED ABOUT 45 YEARS,. R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 35. RANJAN M.T. S/O TARU M.P., AGED ABOUT 38 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 36. JOPHY J. S/O JOY MICKEL, AGED ABOUT 48 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, - 10 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMGALURU-577134. 37. SUNNY MICKEL S/O GEORGE MICKEL, AGED ABOUT 77 YEARS, R/O DASANAGADDE, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 38. NAGARAJA S/O RAMAPPA, AGED ABOUT 50 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 39. V. JOY S/O VARGHESE, AGED ABOUT 52 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 40. BENNY V.P. S/O POULOSE, AGED ABOUT 50 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, - 11 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 41. VIJAYAN V.V. S/O VARGHESE, AGED ABOUT 57 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 42. ELDHO P.A. S/O AIPU, AGED ABOUT 57 YEARS, R/O KARUGUNDA, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R. PURA TALUK, CHIKKAMAGALURU-577134. 43. HAMEED M. S/O MOHIDDIN BEARY, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 44. JOHNY N. K. S/O KUTTAPPAN, AGED ABOUT 66 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 12 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 45. SUNIL P.S. S/O SHIVADAS, AGED ABOUT 54 YEARS, R/O HALUKARUGUNDA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 46. RANJITH S.A. S/O ANTHONY, AGED ABOUT 34 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 47. V ANI N.K. W/O NARENDRA, AGED ABOUT 45 YEARS, R/O KARUGUNDA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 48. NAGAPPA GOWDA S/O SHESHANNA GOWDA, MAJOR, R/O KARUGUNDA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 49. ELDHO V.J. S/O JOSE, AGED ABOUT 44 YEARS, R/O KARUGUNDA, - 13 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 50. JACOB S/O AUGUSTHY, AGED ABOUT 46 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 51. POULSE M.J. S/O JOSEPH, AGED ABOUT 51 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 52. K.K.KUMARAN ACHARI, AGED ABOUT 80 YEARS, R/O SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 53. K.K.RAJAN ACHARI S/O KESHAVACHARI, AGED ABOUT 60 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 14 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 54. K.J.BABU, AGED ABOUT 55 YEARS, R/O KARUGUNDA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 55. JANAKI W/O MANJAPPA, AGED ABOUT 68 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 56. IBRAHIM AGED ABOUT 68 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 57. ELDHO P.I. S/O IYPU, AGED ABOUT 39 YEARS, R/O KARUGUNDA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 58. JAMES P. S., AGED ABOUT 55 YEARS, R/O KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 15 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 59. SACHIN K.V. S/O VELAYUDHAN, AGED ABOUT 34 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 60. ABHILASH S/O ANOTHONY, AGED ABOUT 33 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 61. G.D.SOMANNA, S/O DEVAPPA GOWDA, AGED ABOUT 83 YEARS, R/O CHANNAMANE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 62. SAJU K.V. S/O VARGHESE, AGED ABOUT 46 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 63. ANTHONY. M. C. S/O CHERIYAN, AGED ABOUT 62 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, - 16 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 N.R.PURA TALUK, CHIKKAMAGALURU-577134. 64. JOSE S/O CHERRIYAN, AGED ABOUT 68 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 65. JYOTHI W/O REJI M.J., AGED ABOUT 42 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 66. ANNAMMA W/O VELIYATH PARAMBIL, AGED ABOUT 74 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 67. MATHAI K.I., KOOCHALIL HOUSE, AGED ABOUT 53 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 17 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 68. USHA S. W/O BABU K.N., AGED ABOUT 47 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 69. DEVASI KUTTY S/O CHITTUPARBAIL HOUSE, AGED ABOUT 86 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 70. SHUBHA K.J. W/O OUSEPH, AGED ABOUT 32 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 71. LOUIS D'SOUZA, AGED ABOUT 93 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 72. JOSEPH M.B. S/O BABY, AGED ABOUT 49 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, ARASINAGERE, SHETTYKOPPA POST, - 18 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 N.R.PURA TALUK, CHIKKAMAGALURU-577134. 73. JAMES P.T. S/O THOMAS, AGED ABOUT 49 YEARS, R/O HIREBEESU, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 74. JAMES GEORGE S/O GEORGE, AGED ABOUT 68 YEARS, R/O HIREBEESU, DASANAGADDE, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 75. OUSEPH D. S/O DEVASI KUTTY, AGED ABOUT 49 YEARS, R/O ARASINAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 76. ELDHO P.B. S/O BABY, AGED ABOUT 42 YEARS, R/O HIREBEESU, DASANAGADDE, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 19 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 77. ANUSH P.S. S/O SHINE, AGED ABOUT 35 YEARS, R/O BHADRA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 78. ASHFAK S/O RAFEEQ, AGED ABOUT 35 YEARS, R/O BADRA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 79. BADRUDDIN S/O AHAMED BEARY, AGED ABOUT 40 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 80. JIJESH P. S/O BABY, AGED ABOUT 30 YEARS, R/O NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 81. ANANDA P.A., S/O PUTTAPPA, - 20 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 AGED ABOUT 43 YEARS, R/O JANATHA COLONY, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 82. IBRAHIM S/O AHAMED BEARY, AGED ABOUT 62 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 83. VINU P. A., S/O. ANTHONY. P. T., MAJOR, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 84. LATHA W/O SHASHIDHARA PILLAI, AGED ABOUT 57 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 85. UMESHA S., S/O SHIVANNA, - 21 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 AGED ABOUT 45 YEARS, R/O JANATHA COLONY, KADAHINABAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 86. GANGAMMA, W/O GARUDAPPA, AGED ABOUT 75 YEARS, R/O JANATHA COLONY, KADAHINABIALU VILLAGE, SHETTYKOPPA VILLAGE, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 87. SUBBANNA, S/O. THAMME GOWDA, AGED ABOUT 70 YEARS, R/O JANATHA COLONY, KADAHINABIALU VILLAGE, SHETTYKOPPA VILLAGE, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 88. S.A.HAMEED, W/O HABBAS BEARY, AGED ABOUT 58 YEARS, R/O JANATHA COLLONY KADAHINABIALU VILLAGE, SHETTYKOPPA VILLAGE, N.R.PURA TALUK, CHIKKAMAGALURU-577134. - 22 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 89. CHANDRAVATHI W/O THIMMANNA, AGED ABOUT 45 YEARS, R/O. NAVAGRAMA, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 90. PUTTAMMA W/O VENKATESH, AGED ABOUT 75 YEARS, R/O JANATHA COLONY,, KADAHINABIALU VILLAGE, SHETTYKOPPA, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 91. RAMACHANDRA J., S/O N. JAIRRAM, AGED ABOUT 55 YEARS, R/O ARASOMAGERE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. 92. A.S.MANJUNATHA S/O LATE. SATYANARAYANA, AGED ABOUT 59 YEARS, R/O ARASINAGERE, KADAHINAHAILU VILLAGE, SHETTYKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALURU-577134. …RESPONDENTS (BY SRI. G.S. BALAGANGADHAR, ADVOCATE FOR CAV/R3) - 23 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.10.2025 PASSED BY THE COURT OF LEARNED SENIOR CIVIL JUDGE AND JMFC, N.R.PURA IN RA.NO.35/2024, CONFIRMING THE JUDGMENT AND DECREE DATED 24.08.2023 PASSED BY THE COURT OF LEARNED CIVIL JUDGE AND JMFC, N.R.PURA IN O.S.NO.37/2016. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. Umesh Moolimani, learned counsel for the appellant and Sri. G.S.Balagangadhar, learned counsel for respondent No.3/caveator. 2. Unsuccessful plaintiff in O.S.No.37/2016 is the appellant challenging the dismissal of the said suit confirmed by the First Appellate Court in R.A.No.35/2024. 3. Facts of the case are as under: 3.1. A suit for bare injunction came to be filed in respect of the following property (hereinafter referred to as suit property): - 24 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 "All the part and parcel of Govt. land/property measuring about 04-00 acres of govt. land situated in Survey No.6 of Kadahinabailu village, Narasimharajapura Taluk, bounded by: East : Sy.No.6 West : Narasimharajapura-Shivamogga Road North : Sy.No.06 South: Sy.No.06" 3.2. In the suit, prayer was to grant perpetual injunction restraining the defendants, their men, agents etc., from changing the nature of the land which is a gomala land, leveling the land by use of machinery etc., The plaintiffs being the villagers, approached the Civil Court stating that the suit property is the only property that is available for grazing the cattle and if the said land is permitted to be used for other than grazing the cattle, then the villagers at large would be put to great hardship and injury and thus, sought for decreeing the suit. 3.3. The defendants entered appearance and opposed the suit on various grounds, including the locus of the plaintiffs in seeking such a relief. - 25 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 3.4. Pertinently, Government is not made as a defendant by the plaintiffs and the defendants stated that they have been granted the land based on their eligibility and therefore, suit is to be dismissed. 4. The suit on contest came to be dismissed which was upheld by the First Appellate Court in R.A.No.35/2024. 5. Being further aggrieved by the same, present Second Appeal is filed. Sri. Umesh Moolimani, learned counsel for the appellant reiterating the grounds in the appeal memorandum would contend that both the courts failed to appreciate the concern of the plaintiffs in seeking the relief which was more in the nature of the public interest rather than the individual interest of the plaintiffs inasmuch as the only land that was left in the village is the suit property for grazing the cattle and it is found from the records of the Government itself, that this land in the suit property is the gomala land. - 26 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 6. Therefore, both the courts ought to have decreed the suit and sought for admitting the appeal on the following substantial questions of law: "(i) Whether the judgment and decree handed down by the first appellate court can be said to be in conformity with Order XLI rule 31 of Code of Civil Procedure, 1908 since, the first appellate court has failed to re-appreciate the entire evidence on record afresh which is sine qua non in disposal of the appeals filed under Section 96 of Code of Civil Procedure, 1908? (ii) Whether the first appellate court is justified in answering all the points framed by it at once instead of answering the points separately considering the rival contention of the parties on appreciating the evidence on record in terms of Order XLI Rule 31 of the Code of Civil Procedure? (iii) Whether the fact that the first appellate court having failed to pass orders on I.A.No.III and IV despite answering the points raised in that regard in the negative presupposes non- application of mind on its part? - 27 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 (iv) Whether both the courts are right in law in dismissing the suit of the plaintiffs in its entirety when the claim made by the 1st defendant is only in respect of 2 acres of land in Sy.No.6 based on recommendation of an inferior revenue officer to grant the land? (v) Whether both the courts are right in law in not appreciating that when Sy.No.6 is assigned for special purpose namely as gomala land, the inferior revenue authorities are entitled to recommend 2 acres of land in favour of the 1st defendant to use it as a playground for his school in absence of an order having been passed by the Deputy Commissioner Chikkamagaluru in terms of Section 71 of the Karnataka Land Revenue Act, 1964? (vi) Whether both the courts failed to notice that an order recommending to grant does not partake the character grant unless and until based on such recommendation grant is made as provided under Karnataka Land Grant Rules 1969? (vii) Whether both the courts failed to appreciate that the plaintiffs have brought the suit as members of the public in order to safeguard the public property and the court have tried - 28 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 the suit as if it is adversary litigation between private parties? (viii) Whether both courts are justified in law in not considering the facts except 1st defendant other defendant did not contest the suit of the plaintiffs and that there are absolutely no ground to restrain the said defendant from encroaching the suit schedule property which is a public property? (ix) Whether both the courts committed an error in not considering the specific case of the plaintiffs that they sought a decree of perpetual injunction in respect of 4 acres of land in Sy.No.6, when it is the specific case of the defendants themselves that they are in possession and enjoyment of only 2 acres in Sy.No.6 and the courts atleast should have decreed the suit in respect of remaining 2 acres of land? (x) Whether the dismissal of the suit by the Trial Court, and the confirmation of the said judgment by the First Appellate Court, on the ground that the plaintiffs failed to prove the alleged interference by the defendants, is in accordance with the law relating to the grant of a perpetual injunction?" - 29 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 7. Per contra, Sri. G.S.Balagangadhar, learned counsel for caveator / respondent No.3 would submit that third respondent has been granted the land based on the eligibility criteria and the plaintiffs being the villagers, out of avariciousness have filed the present suit without there being any locus and not impleading the Government as a party and thus, sought for dismissal of the appeal. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is noticed that suit is filed in the individual capacity of both the plaintiffs and not as a representative of all villagers. 10. Such a suit by the present plaintiffs itself was not maintainable, especially in the absence of any Government being made as a party. 11. Admittedly, defendants have been granted the land by the competent authority. If there is any deficiency - 30 - HC-KAR CNR: KAHC010074992026 NC: 2026:KHC:36573 RSA No. 200 of 2026 or procedural lapse or illegality in granting the land to the defendants, remedy for the plaintiffs lies elsewhere. 12. Thus, dismissal of the suit by the trial Court and upheld by the First Appellate Court needs no interference having regard to the scope of Section 100 of Code of Civil Procedure. 13. However, the concern of the plaintiff is that the extent of the gomala land which is the suit property is being reduced by improper grant of the land to the persons who are not eligible for grant. 14. Such a concern can be ventilated in an appropriate proceedings in accordance with law. 15. With that observation, the following: ORDER i) Admission is declined. ii) Appeal is dismissed. Sd/- (V SRISHANANDA) JUDGE MCR