Yashavantappa S/O Basappa Kori vs Smt.Nirmala W/O Parameshappa Kori
2024 Latest Caselaw 15172 Kant

Citation : 2024 Latest Caselaw 15172 Kant
Judgement Date : 1 July, 2024

Karnataka High Court

Yashavantappa S/O Basappa Kori vs Smt.Nirmala W/O Parameshappa Kori on 1 July, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                                 -1-
                                                         NC: 2024:KHC-D:8897-DB
                                                       RFA No. 100039 of 2019




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 1ST DAY OF JULY, 2024
                                            PRESENT
                           THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                                 AND
                    THE HON'BLE MR JUSTICE T. G. SHIVASHANKARE GOWDA
                    REGULAR FIRST APPEAL NO.100039 OF 2019 (PAR/POS)


                   BETWEEN:

                   YASHAVANTAPPA
                   S/O. BASAPPA KORI
                   AGE ABOUT 36 YEARS,
                    OCC: AGRICULTURE,
                   R/O: UMACHAGI,
                   TQ: HUBBALLI,
                   DIST: DHARWAD-581195.
                                                                   ...APPELLANT
                   (BY SRI.SACHIN C.ANGADI, ADVOCATE FOR
                       SRI. PRAKASH K.JAWALKAR, ADVOCATE)


                   AND:

Digitally signed
by BHARATHI H      1.    SMT. NIRMALA
M
Location: HIGH
COURT OF
                         W/O. PARAMESHAPPA KORI,
KARNATAKA
DHARWAD                  AGE: ABOUT 40 YEARS,
BENCH
Date: 2024.07.04
10:27:57 +0530
                         OCC: AGRICULTURE,
                         R/O: UMACHAGI,
                         TQ: HUBBALLI,
                         DIST: DHARWAD-581195.

                   2.    SMT. KASHAVVA
                         S/O. BASAPPA KORI,
                         AGE: 66 YEARS,
                         OCC: NIL,
                         R/O: UMACHAGI, T
                         Q: HUBBALLI,
                         DIST: DHARWAD-581195.
                              -2-
                                          NC: 2024:KHC-D:8897-DB
                                        RFA No. 100039 of 2019




3.   SMT. RUDRAVVA
     W/O. BASAPPA GARVADA,
     AGE: 45 YEARS,
     OCC: HOUSEHOLD,
     R/O: UMACHAGI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

4.   SMT. VIJAVVA
     D/O. BASAPPA KORI,
     AGE: 36 YEARS,
     OCC: HOUSEHOLD,
     R/O: UMACHAGI,
     TQ: HUBBALLI,
     DIST: DHARWAD-581195.

                                                 ...RESPONDENTS

(BY SRI.GIRISH BHAT, ADVOCATE FOR R1)


      THIS RFA IS FILED UNDER ORDER 41 FULE 1 OF CPC.,

AGAINST   THE   JUDGMENT   AND     DECREE DATED 30.10.2018

PASSED    IN   O.S.NO.395/2016     ON   THE   FILE   OF   THE   III

ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE

FIRST CLASS, HUBBALLI, PARTLY DECREEING THE SUIT FILED

FOR PARTITION AND POSSESSION.


      THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS

DAY, MOHAMMAD NAWAZ, J., DELIVERED THE FOLLOWING:
                               -3-
                                         NC: 2024:KHC-D:8897-DB
                                      RFA No. 100039 of 2019




                        JUDGMENT

This appeal is preferred by defendant No.4 against

the judgment and decree dated 30.10.2018 passed in OS

No.395/2016 by III Addl. Senior Civil Judge and JMFC.,

Hubballi, wherein suit of the plaintiff was partly decreed

holding that plaintiff is entitled for 1/5th share in item No.1

and 2 of 'A' schedule properties. Insofar as 'B' and 'C'

properties, suit came to be dismissed.

2. It is brought to the notice of the court by the learned

counsel for both the parties that FDP No.9/2020 filed by

the plaintiff has been allowed vide order dated 05.06.2023

and final decree is also drawn.

In view of the above, the appeal has become