Karnataka High Court
Smt. Shilpa @ Shiddamma vs Smt. Rekha (Claiming To Be The on 7 November, 2024
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NC: 2024:KHC-D:16259
RSA No. 100792 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
RSA NO. 100792 OF 2018 (DEC/INJ)
BETWEEN:
SMT. SHILPA @ SHIDDAMMA W/O. IRAYYA HIREMATH,
AGED ABOUT 31 YEARS, OCC. HOUSEHOLD,
R/O. KOKKARGUNDI VILLAGE,
NOW RESIDING AT KADAMPUR,
TQ. MUNDARGI, DIST. GADAG.
... APPELLANT
(BY SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR
SMT. BHAGYASHREE N BIKKANNAVAR)
AND:
Digitally
signed by
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
1. SMT. REKHA (CLAIMING TO BE
2024.11.12
11:24:59
+0530
THE WIFE OF IRAYYA HIREMATH),
AGE 27 YEARS, OCC. HOUSEHOLD WORK,
R/O. KOKKARGUNDI, TQ. SHIRAHATTI, DIST. GADAG.
2. BASAVARAJ S/O. REKHA HIREMATH,
AGE 08 YEARS, R/O. KOKKARGUNDI,
TQ. SHIRAHATTI, DIST. GADAG.
RESPONDENT NO.2 MINOR
RESPRESENTED BY GUARDIAN MOTHER I.E.,
RESPONDENT NO.1 SMT. REKHA.
... RESPONDENTS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
R2 IS MINOR REPRESENTED BY R1)
THIS RSA IS FILED U/SEC.100 OF CPC, AGAINST THE JUDGEMENT &
DECREE DATED 11.07.2018 PASSED IN R.A.NO.59/2017 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
LAXMESHWAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 02.02.2017, PASSED IN O.S. NO.71/2013 ON THE FILE
OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
LAXMESHWAR, DISMISSING THE SUIT FILED FOR DECLARATION AND
INJUNCTION.
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NC: 2024:KHC-D:16259
RSA No. 100792 of 2018
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)
1. Assailing the concurrent findings of facts
recorded by the Courts below, the plaintiff is before this
Court in this Regular Second Appeal.
2. Heard the learned counsel appearing for the
appellant and the learned counsel appearing for the
respondents.
3. Suit for declaration to declare that the plaintiff is
the only legally wedded wife of late Veerayyaswamy @
Irayya son of Andanayya Hiremath.
4. The defendants filed written statement inter alia
denying the plaint averments and contended that the
plaintiff did not have any issues from deceased
Veerayyaswamy @ Irayya and defendant No.1 married
Veerayyaswamy @ Irayya on 17.06.2009 and defendant
No.2 is born from the wedlock of defendant No.1 and the
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deceased Veerayyaswamy @ Irayya and the defendants are
also entitled to for share in the in the suit properties.
5. The plaintiff in order to substantiate her claim
examined herself as PW1, examined three witnesses as
PW2 to PW4, marked documents at Exs.P1 to P17. On the
other hand, defendant No.1, examined herself as DW1 and
marked documents at Exs.D1 to D5.
6. The trial Court based on the pleadings, oral and
documentary evidence arrived at a conclusion that the
plaintiff has failed to prove that she is the only legal heir of
deceased Veerayyaswamy @ Irayya and further held that
the plaintiff and defendants are Class-I legal heirs of
deceased Veerayyaswamy @ Irayya.
7. Feeling aggrieved, the plaintiff preferred appeal
before the First Appellate Court. The First Appellate Court,
while re-appreciating the entire oral and documentary
evidence, independently, concurred with the judgment and
decree of the trial Court.
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8. The plaintiff relied upon Exs.P7 to P10 to contend
that she is the only legal heir of deceased Veerayyaswamy
@ Irayya. The trial Court and the First Appellate Court while
appreciating Ex.P7, the family surviving certificate observed
that the plaintiff and defendants name appears as a legal
heirs of deceased Veerayyaswamy @ Irayya Hiremath.
Further Exs.P8, the Panchayat Dast issued by the Revenue
Inspector and Ex.P9 the report issued by the Revenue
Inspector to the Tahsildar clearly indicates that the plaintiff
and defendants namely Shilpa, Rekha and Basavaraj are
the family members of deceased Veerayyaswamy @ Irayya.
Further, Ex.P10 the family surviving certificate also
indicates that the plaintiff and defendants are the legal
heirs of deceased Veerayyaswamy @ Irayya.
9. On appreciation of Exs.P7 to P10, the trial Court
arrived at a conclusion that the documents produced clearly
indicate that the plaintiff is not the only legal heir, but
defendant Nos.1 and 2 are also the legal heirs of deceased
Veerayyaswamy @ Irayya. The defendants in order to
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substantiate their plea examined defendant No.1 as DW1
who categorically stated about the marriage performed
between the defendant No.1 and deceased Veerayyaswamy
@ Irayya, which was held on 15.03.2007 and the death of
Veerayyaswamy @ Irayya on 16.09.2012.
10. Ex.D3 is the birth certificate of defendant No.2,
wherein, the name of the father is mentioned as Veerayya
and Exs.D4 and D5 are the ration card and the mother card,
which shows that defendant No.2 is the son of the
defendant No.1. The trial Court on appreciating, the entire
oral and documentary evidence held that the material on
record clearly indicates that the plaintiff is not the only legal
heir, but plaintiff along with defendant Nos.1 and 2 are the
legal heirs of deceased Veerayyaswamy @ Irayya.
11. The First Appellate Court being the last fact
finding Court re-assessed and re-appreciated the entire oral
and documentary evidence and perusal of the judgment of
the First Appellate Court reveals that the First Appellate
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Court has rightly re-assessed and arrived at a conclusion
that the plaintiff is not the only legal heir of deceased
Veerayyaswamy @ Irayya but defendant Nos.1 and 2 along
with the plaintiff are the legal heirs of the deceased
Veerayyaswamy @ Irayya. The manner in which the Courts
below have assessed the entire oral and documentary
evidence, this Court is of the considered view that the same
does not warrant any interference under section 100 of CPC
and this Court pass the following:
ORDER
a. The Regular Second Appeal is hereby
dismissed.
b. The judgment and decree of the Courts
below stands confirmed.
Sd/-
(JUSTICE K.S.HEMALEKHA)
VNP / CT: PA
