- 1 - HC-KAR CNR: KAHC010275462017 NC: 2026:KHC:46400 RSA No. 731 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.731 OF 2017 (POS) BETWEEN: SRI. ANAND S/O NANJAPPA, AGED ABOUT 44 YEARS, R/AT BESIDE GOVERNMENT SCHOOL, EDENAHALLI VILLAGE, KASABA HOBLI, TIPTUR TALUK, TUMKUR DISTRICT – 572 201. …APPELLANT (BY SRI NAGARAJA S, ADVOCATE) AND: SRI. RAJANNA S/O SHIVANANJAPPA, SINCE DEAD BY HIS LRS, 1. SMT LATHAMANI, W/O LATE RAJANNA, AGED ABOUT 43 YEARS, 2. SRI RAGHU S/O LATE RAJANNA, AGED ABOUT 25 YEARS, 3. SRI MANJUNATHA S/O MALLIKARJUNAIAH, AGED ABOUT 27 YEARS, THE RESPONDENTS NO.1 TO 3 ARE R/AT EDENAHALLI VILLAGE, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010275462017 NC: 2026:KHC:46400 RSA No. 731 of 2017 KASABA HOBLI, TIPTUR TALUK, TUMKUR DISTRICT – 572 201. 4. SMT SHIVAMMA W/O NATARAJU, AGED ABOUT 47 YEARS, R/AT DYAVANURU, BAGURU HOBLI, C.R.PATNA TALUK, HASSAN DISTRICT – 573 111. …RESPONDENTS (BY SRI VINAY SHREYAS.K.V FOR SRI RAMESH P. KULKARNI, ADVOCATE FOR R1 AND R2; R3 AND R4 ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 27.07.2016 PASSED IN RA NO.49/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.12.2008 PASSED IN O.S.NO.93/2008 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC, TIPTUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010275462017 NC: 2026:KHC:46400 RSA No. 731 of 2017 ORAL JUDGMENT Heard Sri Nagaraja S., learned counsel for the appellant and Sri Vinay Shreyas K.V., learned counsel appearing on behalf of Sri Ramesh P.Kulkarni, counsel for the respondent Nos.1 and 2. 2. At the outset, Sri Vinay Shreyas would submit that pursuant to the decree of the First Appellate Court, execution petition has been filed wherein possession of the suit property has been duly delivered through the process of Court and respondents are in possession of the property. 3. Same is not disputed by Sri Nagaraja S., learned counsel for appellant. 4. However, Sri Nagaraja S., learned counsel for the appellant would submit that defendant is the owner of the suit property, having purchased the same from the father of the plaintiff. 5. He would further contend that in the event that the appellant/defendant would establish the title over the suit - 4 - HC-KAR CNR: KAHC010275462017 NC: 2026:KHC:46400 RSA No. 731 of 2017 property, he may be permitted to take recourse to Section 144 of Code of Civil Procedure. 6. Reserving such right to the defendant/appellant and subject to all available defences in the intended suit to the opposite party, the present appeal stands dismissed. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 43