[Cites 2, Cited by 0]

Karnataka High Court

Shri. Bhimesh @ Bhimasen S/O. Venkatrao ... vs Shri. Ajit S/O. Hanumant Deshpande on 3 December, 2025

Author: R.Devdas

Bench: R.Devdas

                                                         -1-
                                                                 NC: 2025:KHC-D:17196-DB
                                                                 RFA No. 100197 of 2018


                            HC-KAR



                                   IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                                      DATED THIS THE 3RD 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. 100197 OF 2018 (PAR/POS)


                            BETWEEN:

                            1.   SHRI. BHIMESH @ BHIMASEN
                                 S/O. VENKATRAO DESHPANDE,
                                 AGE: 74 YEARS, OCC: ADVOCATE,
                                 R/O. LAXMI LAYOUT,
                                 BEHIND R.N.SHETTY OFFICE,
                                 GOKUL ROAD, HUBBALLI-580030.

                            2.   SHRI. SURESH S/O. VENKATRAO DESHPANDE
                                 AGE: 72 YEARS, OCC: MEDICAL PRACTITIONER,
                                 R/O. ASHOK NAGAR, HUBBALLI-580029,
                                 TALUK: HUBBALLI, DIST: DHARWAD.

                            3.   SHRI. RAMESH S/O. VENKATRAO DESHPANDE
                                 AGE: 70 YEARS, OCC: NIL,
                                 R/O. NO.4, KUMARVYASA NAGAR,
MOHANKUMAR
B SHELAR                         HUBBALLI-580029, TALUK: HUBBALLI,
                                 DIST: DHARWAD.
Digitally signed by
MOHANKUMAR B SHELAR
Location: HIGH COURT OF
KARNATAKA DHARWAD
                            4.   SHRI. PRAKASH S/O. VENKATRAO DESHPANDE
BENCH
Date: 2025.12.05 15:20:32
+0530
                                 AGE: 65 YEARS, OCC: RETIRED BANK SERVANT,
                                 R/O. ASHOK NAGAR, HUBBALLI-580029,
                                 TALUK: HUBBALLI, DIST: DHARWAD.
                                                                             ...APPELLANTS
                            (BY SRI. S.B.DODDAGOUDAR, ADVOCATE FOR
                            SRI. A.C.CHAKALABBI, ADVOCATE)

                            AND:

                            1.       SHRI. AJIT S/O. HANUMANT DESHPANDE
                                     AGE: 59 YEARS, OCC: LAND LORD,
                                     R/O. H.NO.429, SHANTI NIKETAN,
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                                        RFA No. 100197 of 2018


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         BHARIDEVARKOP, HUBBALLI-580025,
         TQ: HUBBALLI, DIST: DHARWAD.

2.       SHRI. ANIL S/O. HANUMANT DESHPANDE
         AGE: 49 YEARS, OCC: BUSINESS,
         R/O. NAVANAGAR, BAGALKOT-587103,
         TQ: AND DIST: BAGALKOT-587103.

3.       SHRI. ABHAY S/O. HANUMANTH DESHPANDE
         AGE: 46 YEARS, OCC: BUSINESS,
         R/O. H.NO.429, SHANTI NIKETAN,
         BHAIRIDEVARKOPPA, HUBBALLI-580029,
         TALUK: HUBBALLI, DISTRICT: DHARWAD.

4.       SMT. JAYASHRI W/O. RAMESH GUDI
         SINCE DECEASED BY HER LR's ALREADY
         ON RECORD I.E. RESPONDENTS NO.1 TO 3.

5.       SMT. SUDHA R. KULKARNI
         SINCE DECEASED BY HER LR's.,

5(A).    VINAYA S/O. RAMACHANDRA KULAKARNI
         AGE: 65 YEARS, OCC: RETIRED EMPLOYEE,
         R/O. 2/23, AMBEDKAR NAGAR, CHUNABHATTI (E),
         BEHIND RAILWAY STATION, MUMBAI-400022.

6.       MR. VASANT S/O. ACHUTRAO DESHPANDE
         AGE: 83 YEARS, OCC: PRIVATE SERVICE,
         R/O. NO.7, JAIKRISHNA APARTMENTS,
         SAUBHAGYTA NAGAR, BEHIND NAKA NO.6,
         LAM ROAD, NASIK-422101.

7.       SMT. PRAMILA V. JAHAGIRDAR
         AGE: 82 YEARS, OCC: HOUSEHOLD WORK,
         R/O. H.NO.10, SHANTI NAGAR,
         TULANJ ROAD, NALLOSAPARA-(E),
         DIST: THANE-401209.

8.       SHRI. WAMAN S/O. ACHUTRAO DESHPANDE
         AGE: 74 YEARS, OCC: PRIVATE SERVICE,
         R/O. 346, "F" BLOCK, RBJ QUARTERS,
         BOMBAY CENTRAL-400012.

9.       SHRI. SANJEEV S/O. RAGHAVEDNRA DESHPANDE
         SINCE DECEASED BY HIS LR's.,
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                                        RFA No. 100197 of 2018


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9(A).    SHOBHA W/O. SANJEEVA DESHPANDE,
         AGE: 66 YEARS, OCC: HOUSEHOLD,
         R/O. SANTHOSH NAGAR NEAR J K SCHOOL,
         UNKAL ROAD HUBBALLI, DIST: DHARWAD.

9(B).    SHRI. RAVI S/O. SANJEEVA DESHPANDE
         AGE: 47 YEARS, OCC: SERVICE,
         R/O. SANTHOSH NAGAR NEAR J K SCHOOL,
         UNKAL ROAD HUBBALLI, DIST: DHARWAD.

9(C).    SHRI. NANDKISHOR S/O. SANJEEVA DESHPANDE
         AGE: 44 YEARS, OCC: SERVICE,
         R/O. SANTHOSH NAGAR NEAR J K SCHOOL,
         UNKAL ROAD HUBBALLI, DIST: DHARWAD.

10.      SHRI. VASUDEV S/O. RAGHAVENDRA
         AGE: 67 YEARS, OCC: PRIVATE SERVICE,
         R/O. ANAND NAGAR ROAD, 1ST CROSS,
         GANESH NAGAR, OLD HUBBALLI-580024,
         TALUK: HUBBALLI, DISTRICT: DHARWAD.

11.      SMT. SUSHILA B. TALAWAI
         SINCE DECEASED BY HER LR's.,

11(A).   SRI. SUDHEER S/O. BODHRAO TALAWAI
         AGE: 47 YEARS, OCC: PRIVATE SERVICE,
         R/O. HEBBALLI KAMATAGI ONI,
         TALUK AND DIST: DHARWAD.

11(B).   SMT. PASMAVATI W/O. SHANKARGOUDA PATIL
         AGE: 45 YEARS, OCC: HOUSEWIFE,
         R/O. GOVANAKOPPA, TALUK: BAILHONGAL,
         DIST: BELGAUM.

11(C). SMT. BHARATI W/O. GOVIND ADAKI
       AGE: 43 YEARS, OCC: PVT. SERVICE,
       R/O. KALLOLLI, TALUK: CHIKKODI, DIST: BELGAUM.

12.      SMT. T. V. JAYAMMA W/O. T. VIJENDRA RAO
         AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
         R/O. JOGINAKOPPA, HALE SORABA,
         POST: SORABA, 577429, DIST: SHIVAMOGGA.
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13.      SMT. DHARNI @ PADMA PRAMOD DIXIT
         AGE: 61 YEARS, OCC: SCHOOL TEACHER,
         R/O. C/O. S.N.SAFAP, NEAR GANAPATHI TEMPLE,
         VIVEKANANDA ROAD, 11TH CROSS, MASARI,
         GADAG-582103, TQ: AND DIST: GADAG.

14.      SMT. L.A.RADHA
         AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
         R/O. FLAT NO. 009, GROUND FLOOR,
         BRINDAVAN GARDEN APARTMENT,
         DODDAKALIAASANDRA,
         KANAKAPURA MAIN ROAD,
         BANGALORE-560062.

15.      NASIRUDDIN S/O. PAPULSAB BAGWAN
         AGE: 61 YEARS, OCC: BUSINESS,
         R/O. VIDYANAGAR, HUBBALLI-580031.

16.      MILAN S/O. MADHUSUDAN PARIKH
         AGE: 39 YEARS, OCC: BUSINESS,
         PROPRIETOR: M/S GOLDEN HOMES TRADING
         CORPORATION, R/O. #18,
         BAGWAN COMPLEX, KARWAR ROAD,
         HUBBALLI-580024.
                                                 ...RESPONDENTS

(BY SRI. M.R.MULLA, ADVOCATE FOR C/R1, R3 AND R4;
SRI. ARUN L.NEELOPANT AND SMT. KAVITA S.JADHAV,
ADVOCATES FOR R1 AND R3; SRI. B.D.HEGDE,
ADVOCATE FOR R1 AND R3(NOC);
SRI. MADHUKESHWAR A.DESHPANDE,
ADVOCATE FOR R1, R3 AND R4; SRI. SANTOSH D.NARGUND,
ADVOCATE FOR R2, R5, R9, R10, R12 TO R14;
SRI. M.B.NADAF, ADVOCATE FOR R6, R8, R11(A);
SRI. VADIRAJ P.VADAVI, ADVOCATE FOR R5(A), R9(A TO C),
R11(B, C); SRI. ANNASAHEB SHALAGAR, ADVOCATE FOR R7;
V/O/DATED 20.08.2025, R1 TO R3 ARE LR's OF DECEASED R4;
NOTICE TO R15 AND R16 IS HELD SUFFICIENT)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE
JUDGMENT    AND    DECREE   DATED     28.02.2018  PASSED   IN
O.S.NO.249/2015 ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL
JUDGE, HUBBALLI, ALLOWING THE I.A.NO.V FILED UNDER ORDER 7
RULE 11 READ WITH SECTION 151 OF CPC AND ETC.
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                                            NC: 2025:KHC-D:17196-DB
                                            RFA No. 100197 of 2018


HC-KAR



      THIS REGULAR FIRST APPEAL COMING ON FOR FINAL HEARING
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)

This Regular First Appeal is filed under Section 96 of

the CPC by the plaintiffs in O.S.No.249/2015 being

aggrieved of the rejection of the plaint, while allowing the

application filed by defendant Nos.1, 3 and 4 under Order 7

Rule 11 of CPC.

2. The suit was filed by the plaintiffs who claim to

have half share in the suit schedule properties under

Ramarao Annajirao Deshpande having regard to the

undisputed fact that propositus Annajirao Deshpande had

two sons by name, Vittalrao Annajirao Deshpande and

Ramarao Annajirao Deshpande. The defendants are under

the branch of Vittalrao Annajirao Deshpande. However, the

application under Order 7 Rule 11 of CPC was filed by

defendant Nos.1, 3 and 4, mainly on the ground that

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possession of the suit schedule property is still with the

Government of Karnataka and the official liquidator of the

company, namely, The Karnataka Co-operative Textile Mills,

and in that regard, the plaintiffs had already filed a suit in

O.S.No.180/2005 seeking possession of the suit schedule

properties from the Government of Karnataka and the

official liquidators. The application was allowed by the trial

court having regard to the admitted position that

O.S.No.180/2005 was filed by the plaintiffs seeking

possession of the suit schedule properties, and until the said

suit was decided, the question of partitioning the suit

schedule properties would not arise.

3. However, subsequent to filing of this appeal,

O.S.No.180/2005 was decreed at the hands of the learned

II Additional Civil Judge and JMFC-III, Hubballi on

24.10.2017 while directing defendant Nos.1 and 2 to vacate

and handover possession of the suit property to the

plaintiffs. Respondent Nos.1 to 3 herein along with their

sister respondent No.4 who were aggrieved of the portion of

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the order passed by the trial court directing handing over of

possession to the plaintiffs alone, therefore, filed

R.A.No.16/2018 before the learned II Additional Senior Civil

Judge and JMFC, Hubballi and the regular appeal was

allowed by order dated 12.03.2024 holding that legal heirs

of Vittalrao Annajirao Deshpande and Ramarao Annajirao

Deshpande, i.e., the plaintiffs in O.S.No.180/2005 along

with defendant Nos.3 to 18 are entitled for possession of

the suit schedule properties. The other directions that were

issued by the trial court was upheld, thereby directing

defendant Nos.1 and 2 to handover the possession to the

plaintiffs and defendant Nos.3 to 18 within a period of three

months from the date of the decree. In view of the

subsequent developments, learned counsel for the

appellants would submit that the impugned order passed by

the trial court rejecting the plaint should be set aside,

thereby paving way for consideration of the suit on merits

between the plaintiffs and the defendants, for partition.

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4. Learned counsel for the respondents do not

dispute the subsequent developments and do not oppose

the submission made by the learned counsel for the

appellants. Accordingly, this court proceeds to pass the

following:

ORDER

i) The appeal is allowed.

ii) The impugned order dated 28.02.2018 passed in

O.S.No.249/2015 by the learned II Additional

Senior Civil Judge, Hubballi is hereby quashed

and set aside.

iii) The suit in O.S.No.249/2015 is restored to its

original file before the II Additional Senior Civil

Judge, Hubballi for consideration, in accordance

with law.