Karnataka High Court
Krishnayya S/O. Venkayya Dodamani vs Sushilabai W/O. Pralhad Dharwadkar on 27 February, 2025
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NC: 2025:KHC-D:3975-DB
RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE UMESH M ADIGA
REGULAR FIRST APPEAL NO. 100458 OF 2019
(DEC/PAR)
C/W
REGULAR FIRST APPEAL NO. 100489 OF 2019
REGULAR FIRST APPEAL NO. 100068 OF 2022
IN RFA NO. 100458/2019
BETWEEN:
1. SHRI SURESH S/O SIDDAPPA BANAHATTI,
AGE: 50 YEARS,
OCC: AGRICULTURE,
R/O: KESARAGOPPA VILLAGE-587172,
Digitally signed
by V N BADIGER
TQ: MUDHOL,
Location: HIGH
COURT OF
KARNATAKA
DIST: BAGALKOT.
Date:
2025.03.01
12:08:17 +0530
2. SHRI. BHIMAPPA S/O SIDDAPPA BANAHATTI,
AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O: KESARAGOPPA VILLAGE-587172,
TAL: MUDHOL,
DIST: BAGALKOT.
...APPELLANTS
(BY SRI. G.B. NAIK AND
SMT. P.G. NAIK, ADVOCATE)
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RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
AND:
1. SMT. SUSHILABAI
W/O PRALHAD DHARWADKAR,
AGE: 55 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD WORK,
R/O: KOUJALAGI,
TQ: GOKAK,
NOW AT 91, TEJAS NILAYA,
BUDH JYOTI LAYOUT, 1ST MAIN,
TUMAKUR ROAD, BENGALURU-560 073.
2. SMT. PADAMAWATTI W/O NARSIMHAYYA
DODAMANI,
DELETED AS PER ORDER ON MEMO
DATED 27.01.2022
3. SHRI. KRISHNAYYA
S/O VENKAYYA DODAMANI,
SINCE DECEASED BY HIS LRS
3A) SMT. SARASWATI
W/O KRISHNAYYA DODAMANI
AGE: 71 YEARS, OCC: HOUSEHOLD WORK,
R/O: KOUJALAGI 591227,
TAL: GOKAK, DIST: BELAGAVI.
3B) SMT. MANJULA VENKATESH DODAMANI
AGE: 38 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KOUJALAGI-591227,
TAL: GOKAK, DIST: BELAGAVI.
3C) SMT. MEGHA VENKATESH DODAMANI,
AGE: 20 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KOUJALAGI 591227,
TAL: GOKAK, DIST: BELAGAVI.
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RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
3D) SHRI NARASINHA VENKATESH DODAMANI
AGE: 15 YEARS,
OCC: HOUSEHOLD WORK,
R/O: KOUJALAGI 591227,
TAL: GOKAK, DIST: BELAGAVI.
SINCE MINOR REPRESENTED BY HIS GUARDIAN
MOTHER-PROPOSED RESPONDENT NO. 3B-
SMT. MANJULA VENKATESH DODAMANI.
3E) SMT. KANIKA SURESH ADONI
AGE: 20 YEARS,
OCC: STUDENT,
R/O: C/O. SMT. SARASWATI
W/O KRISHNAYYA DODAMANI,
KOUJALAGI 591227,
TAL : GOKAK, DIST: BELAGAVI.
4. SMT. LAXMIBAI
W/O NARSIMHAYYA DODAMANI,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O: KADECHUR - 585221,
TQ AND DIST: RAICHUR.
5. SHRI. VENKATESH
S/O NARSIMHAYYA DODAMANI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: KOUJALAGI, TQ: GOKAK,
NOW AT KADECHUR-585221,
TAL AND DIST: RAICHUR.
...RESPONDENTS
(BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1, R4 AND
R5;
V/O. DATED 27.01.2022 R2-DELETED;
SRI. V.M. SHEELVANT, ADVOCATE AND
SRI. VINAY S. KOUJALAGI, ADVOCATES FOR R3A AND E;
R3B AND C SERVED;
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RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
V/O. DATED 25.02.2025 MISS GAYATRI S.R., ADVOCATE
IS APPOINTED AS COURT GUARDIAN FOR MINOR R3D)
THIS RFA IS FILED UNDER SEC. 96 R/W ORDER XLI RULE
1 AND 2 OF CPC., 1908, AGAINST THE JUDGMENT AND
DECREE DATED:17.08.2019 PASSED IN O.S.NO.50/2013 ON
THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK,
PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND
PARTITION.
IN RFA 100489/2019
BETWEEN:
KRISHNAYYA S/O VENKAYYA DODAMANI
AGE : 78 YEARS, OCC :AGRICULTURE,
R/O: KOUJALAGI,
TQ : GOKAK, DIST : BELAGAVI
...APPELLANT
(BY SRI. V.M. SHEELVANT, AND
SRI. VINAY S. KOUJALAGI, ADVOCATES)
AND:
1. SUSHILABAI W/O PRALHAD DHARWADKAR
AGE : 56 YEARS,
OCC : AGRICULTURE AND HOUSEHOLD WORK,
R/O : KOUJALAGI, TQ: GOKAK,
NOW AT NO.91, TEJAS NILAYA,
BUDH JYOTI LAYOUT,
1ST MAIN, TUMKUR ROAD, BANGALURU-73.
2. PADMAWATI W/O NARASIMAYYA DODAMANI
AGE : 86 YEARS, OCC : AGRICULTURE,
R/O : LOKAPUR, TQ : MUDHOL,
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NC: 2025:KHC-D:3975-DB
RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
DIST : BAGALKOT.
3. SMT. LAXMIBAI W/O NARSIMHAYYA DODAMANI
AGE : 56 YEARS, OCC : HOUSEHOLD WORK,
R/O : KADECHUR,
TQ AND DIST : RAICHUR.
4. VENKATESH S/O NARSIMHVAYYA DODAMANI
AGE : 51 YEARS, OCC : AGRICULTURE,
R/O : KOUJALAGI, TQ: GOKAK.
5. SURESH S/O. SIDAPPA BANAHATTI
AGE : 51 YEARS, OCC : AGRICULTURE,
R/O: KESARAKOPPA,
TQ: MUDHOL, DIST : BAGALKOT.
6. BHIMAPPA S/O. SIDDAPPA BANAHATTI
AGE : 46 YEARS, OCC : AGRICULTURE,
R/O: KESARAKOPPA,
TQ: MUDHOL, DIST : BAGALKOT.
7. MANJULA W/O. VENKATESH DODAMANI
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: TULASIGERI, TQ AND DIST: BAGALKOT.
8. NARASHIMA S/O VENKATESH DODAMANI
AGE: 14 YEARS, OCC: NIL,
R/O: TULASIGERI, TQ AND DIST: BAGALKOT.
9. MEGHA D/O VENKATESH DODAMANI
AGE: 12 YEARS, OCC: NIL,
R/O: TULASIGERI, TQ AND DIST: BAGALKOT.
...RESPONDENTS
(BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1, R3 AND
R4;
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RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
NOTICE TO R7 SERVED;
MISS. GAYATRI S.R., ADVOCATE IS APPOINTED AS
COURT GUARDIAN FOR R8 AND R9;
R2 DEAD, R3 AND R4 ARE HER LEGAL HEIRS)
THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE
1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE
DATED 17.08.2019 PASSED IN O.S.NO.50/2013 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, PARTLY
DECREEING THE SUIT FILED FOR DECLARATION AND
PARTITION.
IN RFA NO. 100068/2022
BETWEEN:
1. KUMAR NARASHINHA S/O VENKATESH DODAMANI
AGE: 12 YEARS, OCC. NIL,
R/O: KOUJALAGI VILLAGE,
TAL. GOKAK, DIST. BELAGAVI,
PIN CODE. 591227.
2. MEGHA D/O VENKATESH DODAMANI
AGE: 10 YEARS, OCC. NIL,
R/O: KOUJALAGI VILLAGE,
TAL. GOKAK, DIST. BELAGAVI,
PIN CODE. 591227.
3. SMT. MANJULA W/O VENKATESH DODAMANI
AGE: 36 YEARS,
OCC. HOUSEHOLD WORK AND AGRICULTURE,
R/O: KOUJALAGI VILLAGE,
TAL. GOKAK, DIST. BELAGAVI,
PIN CODE. 591227
SINCE THE APPELLATS NO.1 AND 2 HEREIN ARE
MINOR AND ARE REPRESENTED BY THEIR NATURAL
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RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
GUARDIAN MOTHER AS APPELLANT NO.3 HEREIN)
...APPELLANTS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
1. KRISHNAYYA VENKAYYA DODAMANI
SINCE DECEASED BY HIS LEGAL HEIRS
1A) SMT. KANIKA W/O. SURESH ADONI
AGE: 21 YEARS, OCC: STUDENT,
C/O. SARASWATI W/O. LATE KRISHNYAA
DODAMANI,
R/O: KULGOD VILLAGE, TALUKA GOKAK,
DISTRICT: BELAGAVI-591310.
2. SHRI. SURESH SIDDAPPA BANAHATTI
AGE: 48 YEARS, OCC. AGRICULTURE,
R/O: KESARAKOPPA VILLAGE,
TAL. MUDHOL, DISTRICT. BAGALKOT.
PIN CODE. 587313.
3. SHRI. BHIMAPPA SIDDAPPA BANAHATTI
AGE: 59 YEARS, OCC. AGRICULTURE,
R/O. KESARAKOPPA VILLAGE,
TAL. MUDHOL, DISTRICT. BAGALKOT,
PIN CODE. 587313.
4. SMT. SARASWATI W/O KRISHNAYYA DODAMANI
AGE: 70 YEARS, OCC. HOUSEHOLD WORK,
R/O. KOUJALAGI VILLAGE,
TAL. GOKAK, DIST. BELAGAVI,
PIN CODE. 591227.
...RESPONDENTS
(BY SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R1A;
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NC: 2025:KHC-D:3975-DB
RFA No. 100458 of 2019
C/W RFA No. 100489 of 2019
RFA No. 100068 of 2022
SMT. G.B. NAIK AND
SRI. P.G. NAIK, ADVOCATES FOR R2 AND R3;
R4 SERVED)
THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41
RULE 1 OF CPC., PRAYING TO, THE JUDGMENT AND DECREE
DATED 17.08.2019 PASSED IN O.S.NO.50/2012 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE GOKAK, PARTLY
DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE
POSSESSION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
ORDER MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE UMESH M ADIGA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
Learned counsel for the appellants in
RFA.No.100068/2022 filed an application on I.A.No.1/2025
under Order XXXII Rule 7 of CPC praying to allow the
application by granting the leave to compromise this
NC: 2025:KHC-D:3975-DB
appeal along with other connected appeals is allowed by a
separate order.
2) Appellants in RFA.Nos.100489/2019 and
1000458/2019 and the respondents are present before the
Court and they are identified by their respective counsels.
3) The parties have filed a joint memo, which
reads as under:
JOINT MEMO
1. The RFA No.100489/2019 and RFA
No.100458/2019 are common appeals
arising out of judgment and decree passed
in O.S.No.50/2013 by 1st Addl. Senior Civil
Judge Gokak Dated: 17/08/2019.
2. The RFA No.100068/2022 is arising out of
Judgment and decree passed in
o.s.no.50/2012 passed by 1st Addl. Senior
Civil Judge Gokak dated 17/08/2019.
3. The parties to all three Appeals are having
common interest in the suit properties. To
avoid further legal complications and as
per the advice of elders and well-wishers
the parties have decided to amicably settle
the dispute. Hence, filling this Joint Memo.
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4. That Suit Sy No.518/2 was sold by
Krishnayya S/o Venkayya Dodamani to the
Appellants 1 and 2 in RFA No.
100458/2019 i.e. Suresh S/o Sidappa
Banahatti and Bhimappa S/o Siddappa
Banahatti (Respondent No. 5 and 6 in
RFA No.100489/2019) That the said
property is totally measuring 7 Acre 36
Guntas situated in Koujalagi Village Gokak,
hereby have agreed to give up an area
measuring 1 Acre 36 Guntas out of total
extent of Sy No.518/2 to the branch of
Krishnayya S/o Venkayya Dodamani in
view of the settlement herein.
5. That the branch of Sushilabai P.
Dharwadkar and branch of Late. Shri.
Narasimhayya Dodamani (Respondent
no.1 and 3 and 4 in RFA
No.100489/2019) hereby agrees to give
2 Acre out of R.S.No.656/2 totally
measuring 7 Acre 18 Guntas to the branch
of Krishnayya S/o Venkayya Dodamani
towards his share. That the branch of
Krishnayya S/o Venkayya Dodamani will
now get a total extent of 3 Acre 36 Guntas
towards their share and they will not claim
any share in respect of other Schedule "A"
Properties.
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6. The sale deed executed by Krishnayya S/o
Venkayya Dodamani to the Appellants 1
and 2 in RFA No.100458/2019 i.e. Suresh
S/o Sidappa Banahatti and Bhimappa S/o
and 6 in RFA No.100489/2019) is
admitted by other parties. The rest of
decree in respect of Schedule B remains
intact except this modification in respect of
Schedule A properties.
7. The parties will get their shares divided by
metes and bounds by proper identification
of boundaries as per this joint memo in
pending Final Decree Proceedings bearing
No.78/2019 before 1st Addl. Senior Civil
Judge Gokak.
4) The contents of the joint memo is read over
and explained to the parties in Kannada language, known
to them. They have accepted the terms and conditions
mentioned in the joint memo and pray to dispose of the
appeal in terms of the joint memo.
5) The joint memo is placed on record.
Accordingly, the following:
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ORDER
i) The appeals are disposed of in terms of the
joint memo.
ii) The office is directed to draw decree in terms
of the joint memo.
iii) Insofar as demarcation of boundaries are
concerned, parties are at the liberty to work out
their remedy in the Final Decree proceedings.
In view of disposal of the appeals, pending
applications, if any, do not survive for consideration.
Accordingly, applications, if any, stand disposed of.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
