Karnataka High Court
Smt Sudha W/O Shrinivas Bagewadi vs Smt Hema W/O Prabhakar Bothe on 11 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:15366-DB
RFA No. 100176 of 2025
C/W RFA No. 100494 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 11TH DAY OF NOVEMBER 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
REGULAR FIRST APPEAL NO. 100176 OF 2025 (DEC/PAR)
C/W REGULAR FIRST APPEAL NO. 100494 OF 2025
IN RFA NO.100176 OF 2025:
BETWEEN:
SMT. SUDHA W/O. SHRINIVAS BAGEWADI,
AGE: 62 YEARS, OCC: ANGANAWADI WORKER
AND AGRICULTURE, R/O. CHIKKAMUNAVALLI-591112,
TQ: KHANAPUR, DIST: BELAGAVI.
...APPELLANT
(BY SRI. G.B.NAIK AND SMT. P.G.NAIK, ADVOCATES)
AND:
1. SMT. HEMA W/O. PRABHAKAR BOTHE,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O. 'KRISHNACHARAN', SHRIRAM NAGAR,
MOHANKUMAR
MUTAGA VILLAGE-591124, TQ AND DIST: BELAGAVI.
B SHELAR
2. SMT. PREMA W/O. VENKATESH KULKARNI,
Digitally signed by
MOHANKUMAR B SHELAR
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
Location: HIGH COURT OF
KARNATAKA DHARWAD R/O. A-18, INDAL NAGAR,
BENCH
Date: 2025.11.12 10:12:22
+0530
SHINDOLLI VILLAGE-591124,
TQ. AND DIST: BELAGAVI.
3. SHRI. RAMESH S/O. DATTATRAY BAGEWADI,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. CHIKKAMUNAVALLI-591112,
TQ: KHANAPUR, DIST: BELAGAVI.
...RESPONDENTS
(BY SMT. TRUPTI P.SADEKAR AND
SRI. P.K.BOTHE, ADVOCATES FOR R1;
SRI. SANTOSH B.RAWOOT, ADVOCATE FOR R2;
SMT. S.V.DESHPANDE, ADVOCATE FOR R3)
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RFA No. 100176 of 2025
C/W RFA No. 100494 of 2025
HC-KAR
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2024
PASSED IN O.S.NO.140/2021 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KHANAPUR, PARTLY
DECREEING THE SUIT FILED FOR DECLARATION, PARTITION AND
SEPARATE POSSESSION AND ETC.
IN RFA NO.100494 OF 2025:
BETWEEN:
SMT. SUDHA W/O. SHRINIVAS BAGEWADI,
AGE: 62 YEARS, OCC: ANGANWADI WORKER
AND AGRICULTURE, R/O. CHIKKAMUNAVALLI-591112,
TQ: KHANAPUR, DIST: BELAGAVI.
...APPELLANT
(BY SRI. NAIK GURUNATH BHIMAPPA, SRI. NIKHIL G.NAIK,
SRI. GIRISH G.L. AND SMT. P.G.NAIK, ADVOCATES)
AND:
1. SMT. HEMA W/O. PRABHAKAR BOTHE,
AGE: 68 YEARS, OCC: HOUSEHOLD WORK,
R/O. 'KRISHNACHARAN', SHRIRAM NAGAR,
MUTAGA VILLAGE-591124, TQ: AND DIST: BELAGAVI.
2. SMT. PREMA W/O. VENKATESH KULKARNI,
AGE: 63 YEARS, OCC: HUOSEHOLD WORK,
R/O. A-18, INDAL NAGAR, SHINDHOLLI VILLAGE-591124,
TQ. AND DIST: BELAGAVI.
3. SHRI. RAMESH S/O. DATTATRAY BAGEWADI,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. CHIKKAMUNAVALLI-591112,
TQ: KHANAPUR, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. TRUPTI P.SADEKAR, ADVOCATE FOR R1;
SRI. SANTOSH B.RAWOOT, ADVOCATE FOR R2;
SMT. S.V.DESHPANDE, ADVOCATE FOR R3)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
READ WITH ORDER 41 RULE 1 OF CPC PRAYING THAT THE ORDER
AND DECREE DATED 20.08.2025 PASSED IN FDP NO.15/2024 BY THE
SENIOR CIVIL JUDGE AND JMFC, KHANAPUR IN RESPECT OF
AGRICULTURE LANDS BE KINDLY SET ASIDE, IN THE INTEREST OF
JUSTICE AND EQUITY.
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RFA No. 100176 of 2025
C/W RFA No. 100494 of 2025
HC-KAR
THESE REGULAR FIRST APPEALS COMING ON FOR ADMISSION
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)
These two Regular First Appeals are filed at the hands
of defendant No.2, one being aggrieved of the judgment
and decree dated 20.04.2024 passed in O.S.No.140/2021
on the file of the learned Senior Civil Judge and JMFC,
Khanapur, and the other being aggrieved of the order of the
final decree dated 20.08.2025 passed in FDP No.15/2025 by
the Senior Civil Judge and JMFC, Khanapur.
2. Learned counsels for the respondents would
jointly submit that insofar as the grievance of the
appellant/defendant No.2 that although 1/4th share is
ordered by the trial court, nevertheless, the trial court
accepted the report submitted by the Court Commissioner
dividing the properties only into three shares, therefore,
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HC-KAR
learned counsels would submit that the said order and
decree dated 20.08.2025 passed in FDP No.15/2024 may be
set aside. Similarly, learned counsels for the respondents
would jointly submit that it is the contention of the
appellant/defendant No.2 that the judgment and decree
passed in O.S.No.140/2021 is an ex-parte judgment passed
without affording sufficient opportunity to defendant No.2.
Learned counsels for the respondents would further add
that, it is now contended by the appellant/defendant No.2
that there are certain other properties which are not
included in the suit schedule, and therefore, the learned
counsels would submit that on an application to be filed by
the appellant/defendant No.2, the said properties may be
included in the suit schedule and the plaintiffs and other
defendants will not have any objection for the same.
3. Learned counsel for the appellant/defendant No.2
submits that appellant would be satisfied if other properties
which are left out from the suit schedule are added into the
suit schedule.
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HC-KAR
4. Heard the learned counsel for the
appellant/defendant No.2, learned counsels for the
respondents and perused the appeal memos.
5. This court finds that in paragraph 7 in RFA
No.100176/2025, the appellant/defendant No.2 has stated
that the plaintiff has failed to include the properties bearing
R.S.Nos.141/7 and 141/2B/1 in the suit schedule. Learned
counsel for the respondents who are the learned counsel for
the plaintiff and other respondents have clearly stated that
these two properties may also be included in the suit
schedule and in terms of the judgment and preliminary
decree passed by the trial court, these properties may also
be divided into four shares and 1/4th share as directed by
the trial court will be the entitlement of each of the parties
to the proceedings.
6. In that view of the matter, both the appeals
stand disposed of while setting aside the order and decree
dated 20.08.2025 passed in FDP No.15/2024 on the file of
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HC-KAR
the Senior Civil Judge and JMFC, Khanapur while including
the two properties as mentioned hereinabove. Defendant
No.2 shall give complete description of the two properties
which shall be included in the suit schedule and the final
decree proceedings may proceed accordingly while
considering the two additional immovable properties
included in the suit schedule, in terms of the directions
issued by this court.
7. The parties are directed to appear before the trial
court on 08.12.2025 in FDP No.15/2024, without waiting for
further notice.
Ordered accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
MBS
Ct:VH
