Smt Parvatamma v. Sri B Rajappa
Civil – Second Appeal – Section 100 CPC – Concurrent findings
Case brief
What is this about?
Karnataka High Court (Bengaluru), RSA No. 1594 of 2024 (DEC/POS), decided 28.11.2025 by H.P. Sandesh, J. Suit for possession of encroached agricultural land (Sy.No.42/2, Chikkamalali Village, Channagiri Taluk, Davanagere District): encroachment of 5 guntas proved through survey notice Ex.P.3 (12.10.2018), survey map Ex.P.4, Surveyor's report Ex.P.5 (25.04.2019), P.W.2 surveyor, and admissions of D.W.1; concurrent findings of Trial Court (O.S.No.183/2020, decree dated 22.09.2023) and First Appellate Court (R.A.No.43/2023, judgment dated 01.08.2024) upheld; no perversity; no substantial question of law under Section 100 CPC; second appeal dismissed. Counsel: Sri. B.M. Siddappa for appellants; Smt. Saritha Kulkarni for respondent.
What did the court decide?
It is not in dispute that the plaintiff is the owner of the suit schedule property; the defendants admit the plaintiff's title, and the location of the defendants' property on the western side of the suit schedule property is likewise undisputed.