[Cites 4, Cited by 0]
Karnataka High Court
Smt. Lata W/O Vithal Desai vs Smt. Anjali W/O Vilas Giri on 1 December, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:16786-DB
RFA No. 100174 of 2021
C/W RFA No. 100073 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 1ST DAY OF DECEMBER 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
REGULAR FIRST APPEAL NO. 100174 OF 2021 (PAR/POS)
C/W REGULAR FIRST APPEAL NO. 100073 OF 2021
IN RFA NO.100174 OF 2021:
BETWEEN:
SMT. NEELIMA W/O. PRAKASH CHIVATE
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O. SNEHAL BUILDING, 128,
BUDHWARPETH KARAD-415110,
DIST: SATARA, MAHARASHTRA STATE
...APPELLANT
(BY SRI. SURESH S.GUNDI, ADVOCATE)
AND:
1. SMT. ANJALI W/O. VILAS GIRI
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O. CCB 40 DEVASTHAN MARG,
Digitally signed
by V N CHIDAMBAD NAGAR, TILAKWADI,
BADIGER
Location: High BELAGAVI-590006.
Court of
Karnataka,
Dharwad Bench. 2. SMT. LATA W/O. VITHAL DESAI
AGE: 64 YEARS, OCC: HOUSEHOLD WORK,
R/O. CCB NO.R.S. NO.19/2/2/4,
DEVASTHNA MARG, CHIDAMBAR NAGAR,
TILAKWADI, BELAGAVI-590006.
3. SRI PANKAJ S/O. PRAKASH CHIVATE
AGE: 47 YEARS, OCC: PRIVATE SERVICE,
R/O. NO.A-1002, KAPIL ABHIJIT,
DANUR COLONY, NEAR CUMMINS FACTORY,
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RFA No. 100174 of 2021
C/W RFA No. 100073 of 2021
HC-KAR
KOTHRUD, PUNE-411038 STATE OF MAHARASHTRA.
NOW AT NO.19, WOOD FORD STREET,
THE PONDS, N.S.W.2769, AUSTRALIA.
...RESPONDENTS
(BY SRI. GANGADHAR HOSAKERI, ADVOCATE FOR R-1)
(BY SRI SHRIKANT PATIL AND SRI. ROHIT S.PATIL, ADV. FOR R-2)
(BY SRI N.P.VIVEKMEHTA, ADVOCATE FOR PROPOSED R-3)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 (1)
READ WITH ORDER 41 RULE 1 OF CPC 1908, AGAINST THE JUDGMENT
AND DECREE DATED 31.03.2021 PASSED IN O.S.NO.166/2014 ON
THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF
JUDICIAL MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION AND ETC.
IN RFA NO.100073 OF 2021:
BETWEEN:
SMT. LATA W/O. VITHAL DESAI
AGE: 64 YEARS, OCC: HOUSEHOLD WORK,
R/O. CCB NO. R.S.19/2/2/4,
DEVASTHNA MARG, CHIDAMBAR NAGAR,
TILAKAWADI, DIST: BELAGAVI-590006.
...APPELLANT
(BY SRI. SHRIKANT T.PATIL, ADVOCATE)
AND:
1. SMT. ANJALI W/O. VILAS GIRI
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O. CCB 40, DEVASTHAN MARG,
CHIDAMBAR NAGAR, TILAKAWADI,
DIST: BELAGAVI-590006.
2. SMT. VRUNDHA W/O. KRISHNAJI INAMDAR
SINCE DECEASED BY HER LR's
RESPONDENTS NO.1 AND 3.
3. SMT. NILEEMA W/O. PRAKASH CHIVATE
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
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RFA No. 100174 of 2021
C/W RFA No. 100073 of 2021
HC-KAR
R/O. SNEHAL BLDG, 128,
BUDHWARPETH KARAD DIST: SATARA,
MAHARASHTRA STATE-415001.
...RESPONDENTS
(BY SRI GANGADHAR HOSAKERI, ADVOCATE FOR R1)
(BY SRI SURESH S.GUNDI, ADVOCATE FOR R3)
(VIDE ORDER DATED 16.02.2022, APPEAL AGAINST R2 STANDS
ABATED)
(VIDE ORDER DATED 31.07.2023, RESPONDENTS NO.1 AND 3 ARE
LR's OF DECEASED RESPONDENT NO.2)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W
ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 31.03.2021 PASSED IN O.S.NO.166/2014 ON THE FILE OF THE
III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION AND ETC.
THESE REGULAR FIRST APPEALS COMING ON FOR ORDERS
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
1. Application I.A.No.1/2025 is filed by Sri Pankaj S/o.
Prakash Chivate seeking to implead himself as a party
respondent to the proceedings. Learned counsel for the applicant
submits that the applicant is the son of defendant No.3-Smt.
Neelima in the suit and applicant's grandfather late Sri Krishnaji
Inamadar has left behind his last Will dated 22.10.1985, which
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HC-KAR
was not brought to the notice of the trial Court. In that view of
the matter, the learned counsel submits that the application is to
be allowed while permitting the applicant to come on record as
party respondent to the proceedings. Learned counsel would
further submit that in view of contentions of the applicant, the
matter will have to be remanded back to the trial Court for re-
consideration, in the light of the last Will said to have been left
behind by late Sri Krishnaji Inamadar.
2. Learned counsels for the appellant and respondents in
both appeals, who are present before this Court including the
learned counsel Sri Gangadhar Hosakeri, who is appearing for
the original plaintiff do not dispute the submissions made by the
learned counsel for the applicant in I.A.No.1/2025.
3. In that view of the matter, since the suit of the plaintiff in
O.S. No.166/2014 for partition and separate possession will have
to be re-considered having regard to the claim of the applicant,
this Court is of the considered opinion that the impugned
Judgment and Decree will have to be set aside to enable the
applicant herein to contest the suit filed by Smt. Anjali W/o. Vilas
Giri.
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HC-KAR
4. Accordingly, while allowing the application and permitting
the applicant to come on record as respondent No.3 in both
appeals, the impugned Judgment and Decree dated 31.03.2021
passed in O.S. No.166/2014 by the III Additional Senior Civil
Judge and CJM, Belagavi is hereby quashed and set aside.
5. The matter stands remanded back to the trial Court with
a direction to enable the newly impleaded respondent No.3 to be
impleaded as defendant No.4 in the suit and to enable the newly
impleaded defendant to file written statement and proceed with
the matter.
6. The parties are directed to appear before the III
Additional Senior Civil Judge and CJM, Belagavi on 05.01.2026
without waiting for further notice.
Ordered accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
CKK
Ct:vh List No.: 1 Sl No.: 14
