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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Regular First Appeal is filed by the appellants, challenging the judgment and decree dated 07.11.2019, passed in O.S.No.9/2013, by the learned Additional Senior Civil Judge, Haveri, dismissing the suit regarding item No.1 of the suit schedule property.

2. For convenience, the parties are referred to, based on their ranking before the Trial Court. The appellants were plaintiffs and the respondents were the defendants.

5. It is contended by defendants No. 2 and 3 that, defendant No.1 had obtained a loan from Haveri Urban Co- operative Bank, Haveri for purchasing the lorry/goods truck. He did not repay the Earnest Money Investment. The Haveri Urban Co-operative Bank authorities seized the goods truck through attachment. The defendant No.2 stood as surety to defendant No.1 to the said loan. The bank authorities filed a suit against defendant No.2 in 2001 also against Sri.S.P.Chinnikatti, another surety. Defendant No.1 utilized the said sale consideration amount and paid the loan amount to the Haveri Urban Co-operative bank. The sale is for family and legal necessities. Defendant No.2 after purchasing item No.1 of the suit schedule property is in possession and NC: 2025:KHC-D:1969-DB enjoyment of the suit property. Hence, the suit filed by the plaintiffs against defendants No.2 and 3 regarding item-1 of the suit property is not maintainable, and accordingly prays to dismiss the suit against defendant Nos.2 and 3.

8. The plaintiffs to substantiate their case, plaintiff No.2 was examined as PW.1, and marked 11 documents as Ex.P1 to P11. In rebuttal, the defendants to substantiate
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NC: 2025:KHC-D:1969-DB their defense, defendant No.3 was examined as DW1 and marked 13 documents as Ex.D1 to D13. The trial court, after recording the evidence, hearing on both sides and on assessment of oral and documentary evidence, answered issue Nos.1, 9, and 10 in the affirmative, issue No.2, issue No.12, additional issue No.2 framed on 16.07.2014 and additional issue No.1 framed on 25.04.2019 answered partly in the affirmative. Issue Nos.3 to 8, 11 and additional issue No.1 framed on 16.07.2014 and additional issue Nos.2 and 3 framed on 25.04.2019 in the negative and issue No.13 as per final order. The suit of the plaintiffs was partly decreed. It is declared that, plaintiffs No.1 to 4 and defendant No.1 are entitled to 1/5th share in suit 'A' schedule Sl.Nos.2 and 3 and second Sl.No.3 properties. It is declared that, defendant No.5 being a purchaser of the land bearing R.S.No.162/1+2A measuring 5 acres of Haveri is entitled to work out his equity in final decree proceedings. The prayer of the plaintiffs for partition and separate possession of their shares in land bearing R.S.No.205/1A measuring 5 acres 21 guntas 0.08 annas of Haveri was dismissed. Suit schedule 'A', 2 and 3

15. In rebuttal, defendant No.3 was examined as DW.1. He deposed that, defendant No.1 purchased item No.1

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NC: 2025:KHC-D:1969-DB of the suit schedule property under a registered sale deed in 1983. He obtained a loan from Haveri Urban Co-operative Bank for the purchase of a truck/goods truck. Defendant No.1 did not pay the EMI. The said property was put in for auction. The bank has initiated the recovery proceedings against defendant No.1. To clear the loan obtained from Haveri Urban Co-operative Bank, Haveri, he had sold item No.1 bearing R.S.No.205/1A in favour of defendant Nos.2 and 3 under a registered sale deed dated 29.05.2000 and defendant No.1 delivered the possession of the suit schedule property to the defendants No.2 and 3. He also deposed that item No.1 is the self acquired property of defendant No.1. To prove, their defense, defendant Nos.2 and 3 produced Election Voters List, marked as exhibit D1 and Ex.D2 is the certified copy of sale deed created in favour of defendant No.1 regarding R.S.No.205/1A. Ex.D3 is the certified copy of the sale deed executed by defendant No.1 in favour of defendant No.5 regarding R.S.No.162/1+2A. Exhibit D4 is the mutation entry No.203/2005-06 which discloses that based on the registered sale deed, name of the defendant