Karnataka High Court
Adiveppa S/O Ningappa Sunadholi vs Siddappa S/O Belappa Sunadoli on 12 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
REGULAR FIRST APPEAL NO. 100463 OF 2019 (PAR/POS)
C/W REGULAR FIRST APPEAL NO. 100563 OF 2019
IN RFA NO.100463/2019:
BETWEEN:
1. SRI.BHIMAPPA S/O KAREPPA SUNADHOLI
AGED ABOUT: 55 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
2. SRI.LAXMAN S/O SIDDAPPA SUNADHOLI
AGED ABOUT: 75 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
SUJATA
SUBHASH 3. SRI.APPAYYA S/O SIDDAPPA SUNADHOLI
PAMMAR AGED ABOUT: 65 YEARS,
SUJATA OCC: AGRICULTURE and SHEEP GRAZING,
SUBHASH
PAMMAR R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
4. SRI.MARUTI S/O RAYAPPA SUNADHOLI
AGED ABOUT: 60 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
5. SRI.BHIMAPPA S/O RAYAPPA SUNADHOLI
AGED ABOUT: 59 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
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C/W RFA No. 100563 of 2019
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
6. SRI.VITTAL S/O RAYAPPA SUNADHOLI
AGED ABOUT: 58 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
7. SRI.LAXMAN S/O RAYAPPA SUNADHOLI
AGED ABOUT: 53 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
8. SRI.ADIVEPPA S/O RAYAPPA SUNADHOLI
AGED ABOUT: 54 YEARS,
OCC: AGRICULTURE and SHEEP GRAZING,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
...APPELLNATS
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
1. SRI.SIDDAPPA S/O BELEPPA SUNADHOLI,
SINCE DEACEASED BY HIS LRS
1(a) SMT. NINGAVVA W/O SIDDAPPA SUNADHOLI,
AGED ABOUT 82 YEARS, OCC: HOUSEHOLD,
R/O; DHAVALESHWAR, TQ: MUDHOL.
DIST: BAGALKOT, PIN CODE-587312
1(b) SMT. CHANDRAVVA W/O MUTTAPPA BASALIGUNDI
AGED ABUT 65 YEARS, OCC; HOUSE HOLD,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIT: BAGALKOT, PIN CODE: 587312.
1(c) SMT. MAYAVVA W/O SIDRAM JAKANATTI,
AGED ABOUT 63 YEARS, OCC: HOUSE HOLD
R/O: KENGERI MADDI MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT
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1(d) SRI. MUTTAPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 60 YEARS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT, PIN CODE: 587312
1(e) SMT. SHOBHA W/O APPANNA KURI,
AGED ABOUT 58 YEARS, OCC: HOUSE HOLD,
R/O: TIMMAPUR, TQ: MUDALAGI,
DIST: BELAGAVI, PIN CODE: 591136
1(f) SRI. BELLEPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 45 YEARS, OCC; AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT
NOW AT AKKISAGAR, TQ: SAUNDATTI
DIST: BELAGAVI, PIN CODE: 591129
1(g) SRI. YANKAPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 38 YEAS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT, PIN CODE: 587312
1(h) SMT. YANKAVVA W/O VITTAL SANGLI,
AGED ABOUT 36 YEARS, OCC: HOUSE HOLD,
R/O: UDAGATTI, TQ: GOKAKL,
DIST: BELAGAVI PIN CODE: 591233
1(i) SRI. BEERAPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 36 YEARS, OCC: AGRICULTURE,
R/O CHIKKANANDI, TQ: GOKAK
DIST: BELAGAVI, PIN CODE: 591233
1(j) SRI. HANAMANT S/O SIDDAPPA SUNADHOLI
AGED ABOUT 34 YEARS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT, PIN CODE: 587312
1(k) SMT. SARAWATI W/O KAREPPA PUJERI,
AGED ABOUT 32 YEARS, OCC: HOUSE HOLD
R/O: KURUBAGATTI YADWAD,
TQ: GOKAK, DIST: BELAGAVI,
PIN CODE: 591129
2. SRI.BELEPPA S/O LAXMAN SUNADHOLI
AGED ABOUT: 55 YEARS,
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
OCC: AGRICULTURE,
R/AT: PANCHANAYAKANAHATTI,
NOW AT DHAVALESHWAR,
TQ: MUDHOL,
DIST: BAGALKOTE-587311.
3. SMT.TAYAVVA W/O LAXMAN SANGLI
AGED ABOUT: 72 YEARS,
OCC: HOUSEHOLD,
R/AT: TAPASHI,
SAJJIHAL,
TQ: GOKAK-591307,
DIST: BELAGAVI.
4. SMT.MAYAVVA W/O SIDDAPPA TAYIRIGOL
AGED ABOUT: 75 YEARS,
OCC: HOUSEHOLD,
R/AT: PAMALADINNI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
5. SMT.MUTTAVVA W/O LAXMAN SUNADHOLI
AGED ABOUT: 73 YEARS,
OCC: HOUSEHOLD,
R/AT: HIRENANDI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
6. SMT.YALLAVVA W/O MIRAJAPPA TAYIRIGOL
AGED ABOUT: 78 YEARS,
OCC: HOUSEHOLD,
R/AT: PAMALADINNI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
7. SRI.VITTHAL S/O LAXMAN SUNADHOLI
AGED ABOUT: 55 YEARS,
OCC: AGRICULTURE,
R/AT: HIRENANDI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
8. SRI.BEERAPPA S/O LAXMAN SUNADHOLI
AGED ABOUT: 53 YEARS,
OCC: AGRICULTURE,
R/AT: HIRENANDI,
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
TQ: GOKAK,
DIST: BELAGAVI-591307.
9. SMT.LAXMAVVA W/O MARUTI TAYIRIGOL
AGED ABOUT: 73 YEARS,
OCC: HOUSEHOLD,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
10. SRI.SHIVARAYAPPA S/O BHIMAPPA SUNADHOLI
SINCE DECEASED BY HIS LRS
10(a) SMT. GIREWWA W/O SHIVARAYAPPA SUNADHOLI
AGED ABUT 70 YEARS, OCC: HOUSE OLD
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(b) SRI. BHIMAPPA S/O SHIVARAYAPPA SUNADOLI,
AGED ABOUT 50 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(c) SMT. NINGAVVA W/O KENCHAPPA SHINGADI.,
AGED ABOUT 48 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(d) SRI. BASAPPA S/O SHIVARAYAPPA SUNADHOLI,
AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(e) SRI. LAXMAN S/O SHIVARAYAPPA SUNADHOLI,
AGED ABOUT 44 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(f) SMT. YALLAVVA W/O BEERAPPA BEKKANAVAR
AGED ABOUT 42 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(g) SMT. MAYAVVA W/O MAYAPPA ADAKIPUJERI
AGED ABOUT 40 YEARS, OCC: HOUSE HOLD
R/O: MAMADAPUR, TQ: GOKAK,
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C/W RFA No. 100563 of 2019
DIST: BELAGAVI PIN CODE: 591223
10(h) SMT. NAGAVVA W/O RAMAPPA HAKKI
AGED ABOUT 38 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(i) SRI. MAHADEVAPPA S/O SHIVARAYAPPA SUNADHOLI,
AGED ABOUT 34 YEARS, OCC: ARICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
11. SRI.ITTAPPA S/O BHIMAPPA SUNADHOLI
AGED ABOUT: 83 YEARS,
OCC: AGRICULTURE,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
12. SRI.RAYAPPA S/O BHIMAPPA SUNADHOLI
SINCE DECEASED BY HIS LRS,
12(a) SMT. SHIVAKKA W/O RAYAPPA SUNADHOLI,
AGED ABOUT 69 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
12(b) SRI. MALLAPPA S/O RAYAPPA SUNADHOLI,
AGED ABOUT 45 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
12(c) SHEKHAPPA S/O RAYAPPA SUNADHOLI
AGED ABOUT 43 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
12(d) SRI. BHIMAPPA S/O RAYAPPA SUNADHOLI,
AGED ABOUT 38 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
13. SMT.MALLAWWA W/O SIDDAPPA SUNADHOLI
SINCE DECEASED BY HER LRS,
Who ARE ALREADY ON RECORD AS APPELLANT
NO. 1 TO 4 AND RESPONDENT NO.14, 15 AND 17.
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
14. SRI.BEERAPPA S/O KAREPPA SUNADHOLI
AGED ABOUT: 62 YEARS,
OCC: AGRICULTURE,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
15. SRI.BEERAPPA S/O SIDDAPPA SUNADHOLI
AGED ABOUT: 73 YEARS,
OCC: AGRICULTURE,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
16. SRI.NINGAPPA S/O BHIMAPPA SUNADHOLI
AGED ABOUT: 87 YEARS,
OCC: AGRICULTURE,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
17. SMT.DURGAVVA W/O KAREPPA SUNADHOLI
AGED ABOUT: 90 YEARS,
OCC: HOUSEHOLD,
R/AT: MAMADAPUR,
TQ: GOKAK,
DIST: BELAGAVI-591307.
...RESPONDENTS
(BY SRI.GIRISH HIREMATH, ADV. FOR R1 (A TO K);
SRI. G.I.GACHCHINAMATH, ADV. FOR R2 TO R9;
SRI. SUNIL KHOT, ADV. FOR R16, R17, R10(A-I);
R11, R12(A) TO R12(D), R14, R15 SERVED; R13 DEAD)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE PASSED BY THE CIVIL JUDGE, PRL. SENIOR
CIVL JUDGE, GOKAK, PASSED IN O.S. NO.13 OF 2013 DATED
27.02.2018 AND DISMISS THE SUIT WITH COSTS THROUGHOUT BY
ALLOWING THE PRESENT APPEAL IN THE INTEREST OF JUSTICE AND
EQUITY.
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
IN RFA NO.100563/2019:
BETWEEN:
1. ADIVEPPA S/O NINGAPPA SUNADHOLI
AGED: ABOUT 53 YEARS,
OCC: HOUSE HOLD,
2. BELLEPPA S/O NINGAPPA SUNADHOLI
AGE: MAJOR,
OCC: HOUSE HOLD,
3. VITTAPPA S/O NINGAPPA SUNADHOLI
AGE: MAJOR,
OCC: HOUSE HOLD,
4. BEERAPPA S/O NINGAPPA SUNADHOLI
AGE: MAJOR YEARS,
OCC: HOUSE HOLD,
ALL ARE R/O: PANCHNAYAKANAHATTI,
DAVALESHWAR, TQ: MUDALAGI-591310,
DIST: BELAGAVI.
...APPELLANTS
(BY SRI. PRASHANT MATHAPATI, ADV.)
AND:
1. SRI.SIDDAPPA S/O BELEPPA SUNADHOLI,
SINCE DEACEASED BY HIS LRS
1(a) SMT. NINGAVVA W/O SIDDAPPA SUNADHOLI,
AGED ABOUT 82 YEARS, OCC: HOUSEHOLD,
R/O; DHAVALESHWAR, TQ: MUDHOL.
DIST: BAGALKOT, PIN CODE-587312
1(b) SMT. CHANDRAVVA W/O MUTTAPPA BASALIGUNDI
AGED ABUT 65 YEARS, OCC; HOUSE HOLD,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIT: BAGALKOT, PIN CODE: 587312.
1(c) SMT. MAYAVVA W/O SIDRAM JAKANATTI,
AGED ABOUT 63 YEARS, OCC: HOUSE HOLD
R/O: KENGERI MADDI MAHALINGAPUR,
TQ: MUDHOL, DIST: BAGALKOT
PIN CODE-587101
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1(d) SRI. MUTTAPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 60 YEARS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT, PIN CODE: 587312
1(e) SMT. SHOBHA W/O APPANNA KURI,
AGED ABOUT 58 YEARS, OCC: HOUSE HOLD,
R/O: TIMMAPUR, TQ: MUDALAGI,
DIST: BELAGAVI, PIN CODE: 591136
1(f) SRI. BELLEPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 45 YEARS, OCC; AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT
NOW AT AKKISAGAR, TQ: SAUNDATTI
DIST: BELAGAVI, PIN CODE: 591129
1(g) SRI. YANKAPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 38 YEAS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT, PIN CODE: 587312
1(h) SMT. YANKAVVA W/O VITTAL SANGLI,
AGED ABOUT 36 YEARS, OCC: HOUSE HOLD,
R/O: UDAGATTI, TQ: GOKAKL,
DIST: BELAGAVI PIN CODE: 591233
1(i) SRI. BEERAPPA S/O SIDDAPPA SUNADHOLI,
AGED ABOUT 36 YEARS, OCC: AGRICULTURE,
R/O CHIKKANANDI, TQ: GOKAK
DIST: BELAGAVI, PIN CODE: 591233
1(j) SRI. HANAMANT S/O SIDDAPPA SUNADHOLI
AGED ABOUT 34 YEARS, OCC: AGRICULTURE,
R/O: DHAVALESHWAR, TQ: MUDHOL,
DIST: BAGALKOT, PIN CODE: 587312
1(k) SMT. SARAWATI W/O KAREPPA PUJERI,
AGED ABOUT 32 YEARS, OCC: HOUSE HOLD
R/O: KURUBAGATTI YADWAD,
TQ: GOKAK, DIST: BELAGAVI,
PIN CODE: 591129
2. SRI.BELEPPA S/O LAXMAN SUNADHOLI
AGED ABOUT: 55 YEARS,
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
OCC: AGRICULTURE,
R/AT: PANCHANAYAKANAHATTI,
NOW AT DHAVALESHWAR,
TQ: MUDHOL,
DIST: BAGALKOTE-587311.
3. SMT.TAYAVVA W/O LAXMAN SANGLI
AGED ABOUT: 72 YEARS,
OCC: HOUSEHOLD,
R/AT: TAPASHI,
SAJJIHAL,
TQ: GOKAK-591307,
DIST: BELAGAVI.
4. SMT.MAYAVVA W/O SIDDAPPA TAYIRIGOL
AGED ABOUT: 75 YEARS,
OCC: HOUSEHOLD,
R/AT: PAMALADINNI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
5. SMT.MUTTAVVA W/O LAXMAN SUNADHOLI
AGED ABOUT: 73 YEARS,
OCC: HOUSEHOLD,
R/AT: HIRENANDI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
6. SMT.YALLAVVA W/O MIRAJAPPA TAYIRIGOL
AGED ABOUT: 78 YEARS,
OCC: HOUSEHOLD,
R/AT: PAMALADINNI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
7. SRI.VITTHAL S/O LAXMAN SUNADHOLI
AGED ABOUT: 55 YEARS,
OCC: AGRICULTURE,
R/AT: HIRENANDI,
TQ: GOKAK,
DIST: BELAGAVI-591307.
8. SRI.BEERAPPA S/O LAXMAN SUNADHOLI
AGED ABOUT: 53 YEARS,
OCC: AGRICULTURE,
R/AT: HIRENANDI,
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TQ: GOKAK,
DIST: BELAGAVI-591307.
9. SMT.LAXMAVVA W/O MARUTI TAYIRIGOL
AGED ABOUT: 73 YEARS, OCC: HOUSEHOLD,
R/AT: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI-591307.
10. SRI.SHIVARAYAPPA S/O BHIMAPPA SUNADHOLI
SINCE DECEASED BY HIS LRS
10(a) SMT. GIREWWA W/O SHIVARAYAPPA SUNADHOLI
AGED ABUT 70 YEARS, OCC: HOUSE OLD
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(b) SRI. BHIMAPPA S/O SHIVARAYAPPA SUNADOLI,
AGED ABOUT 50 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(c) SMT. NINGAVVA W/O KENCHAPPA SHINGADI.,
AGED ABOUT 48 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(d) SRI. BASAPPA S/O SHIVARAYAPPA SUNADHOLI,
AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(e) SRI. LAXMAN S/O SHIVARAYAPPA SUNADHOLI,
AGED ABOUT 44 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(f) SMT. YALLAVVA W/O BEERAPPA BEKKANAVAR
AGED ABOUT 42 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(g) SMT. MAYAVVA W/O MAYAPPA ADAKIPUJERI
AGED ABOUT 40 YEARS, OCC: HOUSE HOLD
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
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10(h) SMT. NAGAVVA W/O RAMAPPA HAKKI
AGED ABOUT 38 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
10(i) SRI. MAHADEVAPPA S/O SHIVARAYAPPA SUNADHOLI,
AGED ABOUT 34 YEARS, OCC: ARICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
11. SRI.ITTAPPA S/O BHIMAPPA SUNADHOLI
AGED ABOUT: 83 YEARS, OCC: AGRICULTURE,
12. SRI.RAYAPPA S/O BHIMAPPA SUNADHOLI
SINCE DECEASED BY HIS LRS,
12(a) SMT. SHIVAKKA W/O RAYAPPA SUNADHOLI,
AGED ABOUT 69 YEARS, OCC: HOUSE HOLD,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
12(b) SRI. MALLAPPA S/O RAYAPPA SUNADHOLI,
AGED ABOUT 45 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
12(c) SHEKHAPPA S/O RAYAPPA SUNADHOLI
AGED ABOUT 43 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
12(d) SRI. BHIMAPPA S/O RAYAPPA SUNADHOLI,
AGED ABOUT 38 YEARS, OCC: AGRICULTURE,
R/O: MAMADAPUR, TQ: GOKAK,
DIST: BELAGAVI PIN CODE: 591223
13. SMT.MALLAWWA W/O SIDDAPPA SUNADHOLI
AGED ABOUT: 84 YEARS, OCC: HOUSEHOLD,
14. BHIMAPPA S/O KAREPPA SUNADOLI,
AGED ABOUT 56 YEARS, OCC: AGRICULTURE,
15. BEERAPPA S/O KAREPPA SUNADOLI,
AGED ABOUT 61 YEARS, OCC: AGRICULTURE,
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16. LAXMAN S/O SIDDAPPA SUNADOLI,
AGED ABOUT 76 YEARS, OCC: AGRICULTURE,
17. SRI. BEERAPPA S/O SIDDAPPA SUNADOLI,
AGED ABOUT 74 YEARS, OCC: AGRICULTURE,
18. APPAYYA S/O. SIDDAPPA SUNADOLI,
AGED ABOUT 66 YEARS, OCC: AGRICULTURE,
19. MARUTHI S/O. RAYAPPA SUNADOLI,
AGED ABOUT 61 YEARS, OCC: AGRICULTURE,
20. BHIMAPPA S/O. RAYAPPA SUNADOLI,
AGED ABOUT 60 YEARS, OCC: AGRICULTURE,
21. VITTAL S/O. RAYAPPA SUNADOLI,
AGED ABOUT 58 YEARS, OCC: AGRICULTURE,
22. LAXMAN S/O RAYAPPA SUNADOLI,
AGED ABOUT 54 YEARS, OCC: AGRICULTURE,
23. ADIVEPPA S/O. RAYAPPA SUNADOLI,
AGED ABOUT 53 YEARS, OCC: AGRICULTURE,
24. NINGAPPA S/O. BHIMAPPA SUNADOLI,
AGED ABOUT 66 YEARS, OCC: AGRICULTURE,
25. DURGAVVA W/O. KAREPPA SUNADOLI,
AGED ABOUT 66 YEARS, OCC: AGRICULTURE,
R11 TO R25 ARE R/O. MAMADAPUR,
TQ: GOKAK-591307, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI.GIRISH HIREMATH, ADV. FOR R1 (A TO K);
SRI. G.I.GACHCHINAMATH, ADV. FOR R2;
SRI. SUNIL KHOT, ADV. FOR R24, R10 (A-I);
SRI. MRUTYUNJAY TATA BANGI, ADV. FOR R14, R16 & R18 TO R23;
R3 TO R9, R11, R12 (A TO D), R13, R15 & R17 SERVED)
THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DTD:27.02.2018 PASSED IN
O.S.NO.13/2013 ON THE FILE OF THE CIVIL JUDGE, PRINCIPAL
SENIOR CIVIL JUDGE, GOKAK, DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.
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RFA No. 100463 of 2019
C/W RFA No. 100563 of 2019
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The defendant Nos.5, 7, 9 to 14 in O.S. No.13/2013 and
plaintiff and defendant Nos.1 to 4 in O.S. No.74/1998 are
before this Court challenging the judgment and decree dated
27.02.2018 passed by the Principal Senior Civil Judge, Gokak in
O.S. No.13/2013, by which, the plaintiffs were allotted 1/6th
share in suit property item Nos.1, 3 and 5 by meets and
bounds and further, the compromise decree passed in O.S.
No.74/1998 was held to be not binding upon the shares of
plaintiffs, and defendant Nos.2 and 3.
2. Plaintiffs initiated a suit for partition and separate
position of their 1/6th share in the suit properties by meets and
bounds, and to declare that the compromise decree passed in
O.S. No.74/1998 is not binding upon their share.
3. The plaint averments in brief are as follows:
One Bhimappa, who was the propositus had two wives,
namely Gabavva and Bhimavva. Bhimavva was the first wife
leaving behind Bellapa and Bhimappa, and both of them died
leaving behind plaintiff Nos.1, 3 and 4, who are the legal
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representatives of his deceased son Laxman, and plaintiff Nos.2
and 6 to 9 are the legal representatives of second son of
Bhimawwa, and Bhimawwa died leaving behind defendant
Nos.2 and 3. Second wife of propositus died leaving behind
defendant Nos.1, 15, deceased Siddappa and deceased
Rayappa. Defendant No.4 is the wife of deceased Siddappa and
defendant No.17 is the wife of deceased Rayappa. Defendant
Nos.7 to 9 are the children of deceased Siddappa and
defendant No.4. Kareppa and Nagappa are their deceased sons.
Among, Kareppa died leaving behind defendant Nos.5 and 6,
and Nagappa died issueless. The third son of second wife
Gabavva by name Rayappa has two sons and they are
defendant Nos.10 to 14. The suit properties are the ancestral
properties of plaintiffs and defendants, and there was no
partition.
4. Sy.No.267 is the ancestral properties of the parties
to the suit in O.S.No.74/1998 which was filed by defendant
Nos.1, 6 to 10, 14 and 16. The parties to the said suit, behind
the back of the plaintiffs and other defendants, obtained a
collusive compromise decree to gulp the share of plaintiffs and
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other defendants. Therefore, the compromise decree is not
binding on their share.
5. The defendant Nos.2 and 3 entered appearance and
filed written statement denying the plaint averments. The other
defendants in the suit were placed ex parte stating that though
notices were served on them, however, they have not chosen
to appear.
6. The Trial Court, after considering the plaint
averments, framed the following issues for consideration.
"1. Whether defendants-2 & 3 prove that Sy.
No.150 & Sy. No.206 are the self acquired
properties of their father Bhimappa?
2. Whether plaintiff are entitled for share in the
above referred properties?
3. What order or decree?
Additional issues
1. Whether the plaintiffs prove that the suit
properties are all joint family properties as
alleged?
2. Whether the plaintiffs further prove that the
judgment and & decree passed in O.S.
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No.74/1998 is not binding upon their shares in
the suit properties?"
7. The plaintiffs to prove their case, examined plaintiff
No.7 as P.W.1 and got marked documents at Exs.P1 to P31.
Defendant No.2 was examined as D.W.1, and got marked
documents at Exs.D1 to D28.
8. The Trial Court, after appreciating the evidence on
record, held that the plaintiffs are entitled for 1/6th share in the
suit property item Nos.1, 3 and 5, and the compromise decree
in O.S. No.74/1998 is not binding on the shares of the plaintiffs
and defendant Nos.2 and 3. Hence these appeals.
9. Heard the learned counsels for the parties and
perused the trial Court records.
10. The appellants in RFA No.100463/2019 who are the
defendants No.5, 7, 9 to 14 in the suit have categorically stated
that suit summons were not served on them, and the same was
served on defendant No.15, which is evident from the bailiff
report. The perusal of the suit summons indicates that the date
of appearance was fixed on 13.01.2013, and the appellants
herein were placed ex-parte on 22.01.2013. The suit summons
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were served on defendant No.15 on 18.01.2013. The bailiff
report further indicates that the appellants were residing at
Haveri and were not available in the address given in the cause
title when the suit summons were to be served on the
appellants, and the suit summons were allegedly received by
defendant No.15 on behalf of the appellants. However, the
appellants have categorically denied that defendant No.15
received the suit summons on behalf of the appellants herein,
and the thumb impression of defendant No.2 differs.
11. Therefore, the suit summons having not been
served on the appellants herein, the trial Court committed an
error in placing them ex-parte and decreeing the suit in their
absence, thus, adversely affecting the rights of the appellants
herein over the suit schedule properties. The trial Court partly
decreed the suit in respect of two properties on 22.06.2016
stating that defendants No.1 and 2 have admitted the claim of
the plaintiff and continued the suit in respect of others
properties by exercising the power under Order 22 Rule 6 of
CPC, and the plaintiffs were permitted to amend the plaint to
seek additional prayer for cancellation of the compromise
decree drawn in O.S.No.74/1998.
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12. A perusal of the compromise decree passed in
O.S.No.74/1998 indicated that one Adiveppa Ningappa
Sunadholi was the plaintiff and Ningappa Bimappa Sunadholi,
Belleppa Ningappa Sunadholi, Vittappa, Ningappa Sunadholi,
Beerappa Ningappa Sunadholi, Siddappa Bhimappa Sunadholi,
Rayappa Bhimappa Sunadholi and Shivarayappa Bhimappa
Sunadholi were the defendants, and they entered into a
compromise, and in terms of the settlement, compromise
decree was drawn allotting certain share to them in item No.5
of the suit schedule properties i.e., R.S.No.267 measuring 21
acres 35 guntas. Admittedly, the plaintiff, defendants No.2 to 4
in O.S.No.74/1998 were not arraigned as parties to the present
suit, and in their absence the compromise decree was set aside
to the extent of share of the plaintiffs.
13. Therefore, the decree passed by the trial Court
holding that the compromise decree was not binding on the
shares of the plaintiffs without making the plaintiffs and
defendants No.2 to 4 in the said suit is not sustainable in law.
14. The genealogy furnished by the appellants is not
disputed by the plaintiffs/respondents herein, and the
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genealogy indicated that Laxmavva D/o. Kareppa, who is the
first son of the second wife Gobbawwa, and also the children of
Bhimappa, are not arraigned as a parties. Therefore, the
necessary parties having not been arraigned, the impugned
judgment and decree passed by the trial Court is not
sustainable on this count also.
15. In view of the preceding analysis, the impugned
judgment and decree requires to be set aside on the ground of
non joinder of necessary parties to suit, and also on the ground
that there was no service of suit summons on defendant No.5,
7, 9 to 14.
16. Accordingly, the appeals are allowed. The impugned
judgment and decree dated 27.02.2018, passed by the
Principal Senior Civil Judge, Gokak, in O.S.No.13/2013 is
hereby set aside, and the matter is remanded to the trial Court
for reconsideration afresh.
17. The plaintiffs to arraign all the legal representatives
of deceased second wife of the propositus, namely Bhimappa.
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18. The appellants herein are directed to appear before
the trial Court on 12.03.2024 without awaiting notice from the
trial Court.
19. The respondents/plaintiffs are at liberty to implead
the remaining legal representatives of deceased second wife of
the propositus Gobbawwa as defendants to the suit.
20. All contentions are kept open.
21. The trial Court to conclude the proceedings within
six months after impleading all the parties stated supra.
22. In view of disposal of the appeals, pending
interlocutory applications, if any, stand disposed of as they do
not survive for consideration.
23. Registry to transmit the records to the trial Court
concerned.
Sd/-
JUDGE
RSH, MRK / CT:ANB
