Ravi And Ors vs Basavant @ Basavantappa And Ors
2023 Latest Caselaw 2953 Kant

                                             -1-
                                                    RSA No. 200196 of 2018




                             IN THE HIGH COURT OF KARNATAKA
                                    KALABURAGI BENCH

                           DATED THIS THE 7TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                               RSA NO. 200196 OF 2018 (PAR)
                   BETWEEN:

                   1.   RAVI S/O TIPPANNA YALAWAR
                        AGE: 49 YEARS OCC: AGRICULTURE
                        R/O HITTANHALLI
                        TQ & DIST: VIJAYAPURA-586103.
                   2.   BANNEWWA W/O MADIVALAPPA JAMADAR
                        AGED:63 YEARS OCC: AGRICULTURE
                        R/O HITTANALLI,
                        TQ & DIST: VIJAYAPUR-586103.
                   3.   KASTURI W/O SHAMBHU ATHANI
                        AGED:42 YEARS OCC: H.H.WORK
                        R/O C/O SHANKAR ATHANI,
                         MATHAPATI GALLI RAM MANDIRA ROAD,
                        VIJAYAPUR-586103.
Digitally signed
by RAMESH                                                    ...APPELLANTS
MATHAPATI          (BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:

                   1.    BASAVANT @ BASAVANTAPPA
                         S/O CHANDRAMAPPA YALAWAR
                         AGE: 77 YEARS OCC: RETIRED
                         R/O K.C. NAGAR (ALKUNTE NAGAR)
                         NEAR DCC BANK SOLAPUR ROAD,
                         VIJAYAPUR-586101.
                   2.    YAMANAWWA W/O RAVUTHAPPA YALAWAR
                         AGE: 60 YEARS OCC: H.H.WORK
                         R/O SHRISHAIL RAMAPPA DALAWAI TIKOTA VILLAGE
                         TQ & DIST: VIJAYAPUR-586103.
                          -2-
                                RSA No. 200196 of 2018




3.   RENUKA D/O RAVUTHAPPA YALAWAR
     (RENUKA W/O SHRISHAIL DALAWAI)
     AGE: 33 YEARS OCC: H.H.WORK
     R/O TIKOTA VILLAGE
     TQ & DIST: VIJAYAPUR-586103.
4.   ASHOK S/O RAUTAPPA YALAWAR
     AGE: 30 YEARS OCC: BUSINESS
     R/O TIKOTA VILLAGE
     TQ & DIST: VIJAYAPUR-586103.
5.   SMT. BOURAVVA W/O BHIMAPPA DALAWAI
     AGE: 33 YEARS OCC: H.H.WORK
     R/O TONASHYAL
     TQ & DIST: VIJAYAPUR-586102.
6.   SHANTAWWA W/O PRABHU YALAWAR
     AGE: 55 YEARS OCC: H.H.WORK
     R/O DEVAR HIPPARAGI
     TQ: SINDAGI DIST: VIJAYAPUR-586128.

7.   VINOD S/O PRABHU YALAWAR
     AGE: 29 YEARS OCC: SERVICE
     R/O C/O MALLAPPA REVUTAPPA JAMADAR
     AT POST: DEVAR HIPPARAGI
     TQ: SINDAGI DIST: VIJAYAPUR-586128
8.   SHIVASHANKAR S/O TIPPANNA YALAWAR
     AGE: 53 YEARS OCC: AGRICULTURE
     R/O HITTINHALLI
     TQ: & DIST: VIJAYAPUR-586103

9.  LAXMIBAI W/O SHIVAPPA YALAWAR,
    AGE: 81 YEARS, OCC: H.H. WORK,
    R/O HITTINHALLI,
    TQ:& DIST: VIJAYPUR-586103.
10. RAVUTAPPA S/O SHIVAPPA YALAWAR,
    AGE: 60 YEARS OCC: SERVICE
    R/O NALATWAD TQ: MUDDEBIHAL
    DIST: VIJAYAPUR-586209.

11. MALLAPPA S/O SHIVAPPA YALAWAR,
    AGE:47 YEARS OCC: TEACHER
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
                         -3-
                              RSA No. 200196 of 2018




12. CHANDRAMAPPA S/O SHIVAPPA YALAWAR,
    AGE: 43 YEARS OCC: AGRICULTURE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
13. MAHADEVI W/O SHIRSHAIL YALAWAR
    AGE: 53 YEARS OCC: H.H.WORK
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
14. NAGAPPA W/O SHRISHAIL YALAWAR
    AGE: 29 YEARS OCC: SERVICE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
15. BANNEVVA D/O SHRISHAIL YALAWAR
    AGE: 35 YEARS OCC: AGRICULTURE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
16. VINOD S/O SHRISHAIL YALAWAR
    AGE: 33 YEARS OCC: AGRICULTURE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103
17. SMT. PRABHAVATI
    W/O PRABHU NATIKAR @ HITTINAHALLI
    AGE: 50 YEARS OCC: H.H.WORK
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
18. BOURAWWA D/O SABU YALAWAR
    AGE: 42 YEARS OCC: H.H.WORK
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
19. SRI. MALLAPPA S/O SABU YALAWAR
    AGE:39 YEARS OCC: SERVICE
    R/O POLICE QUARTERS,
     NEAR BUS STAND BADAMI
    DIST: BAGALKOT-586107
20. SRI PARASHURAM S/O SABU YALAWAR
    AGE: 55 YEARS OCC: SERVICE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103
21. SMT. PARAWWA W/O SANGAPPA YALAWAR
    AGE: 73 YEARS OCC: H.H.WORK
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103
                         -4-
                               RSA No. 200196 of 2018




22. SRI. SHIVAPPA S/O SANGAPPA YALAWAR
    AGE: 55 YEARS OCC:AGRICULTURE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103

23. SRI. HANAMANT S/O SANGAPPA YALAWAR
    AGE: 52 YEARS OCC:AGRICULTURE
    R/O HIREGULABALI,
    TQ & DIST: BAGALKOT-587101.
24. SRI. MAHADEVAPPA S/O SANGAPPA YALAWAR
    AGE: 49 YEARS OCC:AGRICULTURE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.
25. SRI. BANNEPPA S/O CHANDRAMAPPA YALAWAR
    AGE: 70 YEARS OCC:AGRICULTURE
    R/O HITTINHALLI
    TQ & DIST: VIJAYAPUR-586103.

26. SRI. DYAMANNA S/O CHANDRAMAPPA YALAWAR
    AGE:63 YEARS OCC: SERVICE
    R/O SANTOSHI MATA ROAD, VIVEK NAGAR
    DIST: VIJAYAPUR-586101.

27. SRI. YALLAPPA
    S/O NIJALINGAPPA WALIKAR @ NATIKAR
    AGE:70 YEARS OCC: PENSIONER
    R/O MIG-I-99, ADARSH NAGAR
    VIJAYAPUR-586101.

28. SMT. BASAVVA W/O BANEPPA YALAWAR
    AGE:63 YEARS OCC:H.H.WORK
    R/O HITTINHALLI
    TQ & DIST:VIJAYAPUR-586103.
29. SMT. SHANTAWWA W/O DYAMAPPA YALAWAR
    AGE:61 YEARS OCC:H.H.WORK
    R/O SANTOSHI MATA ROAD, VIVEK NAGAR
    VIJAYAPUR-586101.
30. SRI. BASAVARAJ
    S/O NIJALINGAPPA WALIKAR @ NATIKAR
    AGE: 55 YEARS OCC:TEACHER
    R/O DARBAR HIGH SCHOOL
    VIJAYAPUR-586101.
                            -5-
                                   RSA No. 200196 of 2018




31. SRI. MAHADEVAPPA
    S/O NIJALINGAPPA WALIKAR @ NATIKAR
    AGE: 63 YEARS OCC:AGRICULTURE
    R/O HIREGULABAL TQ: BAGALKOT-587101.
32. LAKKAWWA W/O TIPPANA YALAWAR
    AGE: 83 YEARS OCC:H.H.WORK
    R/O HITTINHALLI
    TQ:DIST: VIJAYAPUR-586103.
33. CHANDRASHEKHAR S/O TIPPANNA YALAWAR
    AGE: 38 YEARS OCC:AGRICULTURE
    R/O HITTINHALLI
    TQ:DIST: VIJAYAPUR-586103.
34. MALLAMMA W/O SADASHIVAPPA WALIKAR
    AGE: 61 YEARS OCC: AGRICULTURE,
    R/O: C/O: S.NO.WALIKAR, SECTOR NO.36,
    NAVANAGAR, BAGALKOT-587101.
35. SRI. SADASHIVAPPA
    S/O NIJALINGAPPA WALIKAR @NATIKAR
    AGE: 67 YEARS OCC:PENSIONER
    R/O SECTOR NO.36, NAVANAGAR
    BAGALKOT-587101
                                        ...RESPONDENTS

(NOTICE TO R2 & R3 HELD SUFFICIENT NOTICE TO PROPOSED R1(E) AND R1(F) HELD SUFFICIENT NOTICE TO R1(A), R1(B) AND R1(H) DEEMED TO BE SERVED NOTICE TO R6, R7, R22,R26 AND R27 DISPENSED WITH NOTICE TO R5, R8 TO 18, R20 TO 21, 23 TO 25, 27 TO 28, 30, 31, 33 TO 35 ARE SERVED NOTICE TO PROPOSED R1(C), (D) AND (G) HELD NOT NECESSARY)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.01.2018 PASSED IN R.A.No.167/2016 ON THE FILE OF THE PRL.DIST.JUDGE AT VIJAYAPUR DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 10.11.2016 PASSED IN O.S.NO.110/2013 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE, VIJAYAPUR.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

RSA No. 200196 of 2018

JUDGMENT

1. Defendant No.9, 11 and 13 have filed this second

appeal challenging the decree of partition granted by the

Trial Court which has been confirmed by the Appellate

Court.

2. Sri.Basavant, the plaintiff filed the suit seeking for

partition and possession of his 1/8th share. The genealogy

as contended by him was not denied and thus there was

no dispute regarding relationship.

3. Though defendant No.9 took up the defence that the

land bearing Sy.No.30/3 was the self acquired property of

his father while admitting that the remaining properties

belonged to his grand-father, he, however, neither

adduced oral or documentary evidence to substantiate this

claim. The Trial Court on considering all the materials

placed before it accepted the case of the plaintiff and

decreed the suit and granted 1/8th share to Basavant.

RSA No. 200196 of 2018

4. An appeal was preferred by the defendant Nos.1, 9,

10, 11, 12, 13 and 33.

5. The Appellate Court on re-appreciation of the

evidence has affirmed the judgment and decree of the trial

Court after recording a finding that the relationship of the

parties was not in dispute and the nature of the suit

properties was also not in dispute.

6. Being aggrieved by this concurrent finding, only

defendant Nos.9, 11 and 13 are in second appeal.

7. Learned counsel for the appellants submitted that the

Courts below had erred in not considering the fact that

Sy.No.30/3 (item No.5) was purchased by the father of

appellant No.1 and hence the judgments are vitiated.

8. Though the appellant No.1 did take up a defence that

Sy.No.30/3 was purchased by his father and was his

separate property, the appellant No.1 (defendant No.9)

did not choose to adduce either oral or documentary

evidence, before the Trial Court to establish this fact.

RSA No. 200196 of 2018

9. Further, no request was made before the Appellate

Court seeking for permission to adduce additional

evidence. It is therefore clear that there was absolutely no

evidence offered by the appellants regarding the nature

and character of the suit property. The Courts below were

therefore justified in decreeing the suit and granting the

plaintiff 1/8th share by concluding that all the suit

properties were joint family properties.

10. In my view, there is absolutely no question of law,

much less a substantial question of law, arising for

consideration in this appeal. The appeal is therefore

dismissed.

Sd/-

JUDGE

MSR