Karnataka High Court
Smt.Annapurna W/O Somshekhar Barker vs Smt.Lakshmi W/O Vidyasagar Barki ... on 12 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:15418-DB
RFA No. 100412 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 12TH 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. 100412 OF 2019 (PAR/POS)
BETWEEN:
1. SMT. ANNAPURNA W/O. SOMSHEKHAR BARKER,
AGE: 33 YEARS, OCC: HOUSEHOLD,
R/O. KURBAR ONI, HEBSUR VILLAGE,
TQ: HUBBALLI-580021.
2. SMT. PARIPURNA
W/O. SHRINIVAS HARAPANAHALLI,
AGE: 30 YEARS, OCC: HOUSEHOLD,
R/O. CRISTIAN COLONY, GHANTIKERI,
HUBBALLI-580021.
3. SRI. MANJUNATH
S/O. VIDYASAGAR BARKI (PUJAR),
MOHANKUMAR
B SHELAR AGE: 28 YEARS, OCC: STUDENT,
R/O. NEAR GOKUL LAST BUS STOP,
Digitally signed by
MOHANKUMAR B SHELAR
Location: HIGH COURT OF
GOKUL VILLAGE, TQ: HUBBALLI-580021.
KARNATAKA DHARWAD
BENCH
Date: 2025.11.13 10:04:43
+0530
4. KUMAR. VISHWANATH
S/O. VIDYASAGAR BARKI (PUJAR),
AGE: 27 YEARS, OCC: STUDENT,
R/O. GOKUL, HUBBALLI-580021.
5. KUMARI. SUAVARNA D/O. SHEKHAR SUNAGAR,
AGE: 18 YEARS.
6. KUMAR. SUSHEELKUMAR
S/O. SHEKAR SUANGAR, AGE: 13 YEARS,
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NC: 2025:KHC-D:15418-DB
RFA No. 100412 of 2019
HC-KAR
(BOTH ARE REPRESENTED
BY SMT. PARIPURNA-APPELLANT NO.2,
W/O. SHRINIVAS HARAPANAHALLI,
AGE: 31 YEARS, OCC: HOUSEHOLD,
R/O. CRISTIAN COLONY,
GHANTIKERI HUBBALLI).
...APPELLANTS
(BY SRI. DINESH M.KULKARNI, ADVOCATE)
AND:
1. SMT. LAKSHMI W/O. VIDYASAGAR BARKI (PUJAR),
AGE: 57 YEARS,
OCC: AGRICULTURAL AND HOUSEHOLD,
R/O. NEAR LAST BUS STOP OF GOKUL,
TQ. AND DIST: HUBBALLI-580021.
SMT. INDRAVVA W/O. GOVINDAPPA BARKI,
(SINCE DECEASED BY HER LR's)
2. SRI. SUBHAS S/O. GOVINDAPPA BARKI (PUJAR),
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. GOKUL, TQ: HUBBALLI,
DIST: DHARWAD-580001.
3. SRI. KRISHNAPPA
S/O. GOVINDAPPA BARKI (PUJAR),
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. GOKUL, TQ: HUBBALLI,
DIST: DHARWAD-580001.
4. SRI. NAGENDRAPPA
S/O. GOVINDAPPA BARKI (PUJAR),
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O. GOKUL, TQ: HUBBALLI,
DIST: DHARWAD-580001.
5. SRI. SHANKRAPPA
S/O. GOVINDAPPA BARKI (PUJAR),
AGE: 57 YEARS, OCC: AGRICULTURE,
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RFA No. 100412 of 2019
HC-KAR
R/O. GOKUL, TQ: HUBBALLI,
DIST: DHARWAD-580001.
6. SRI. MARUTI S/O. RAMARAYAPPA MANE,
AGE: 52 YEARS, OCC: NOT KNOWN,
R/O. NAGASHETTIKOPPA, HUBBALLI-580001.
7. SRI. SHANKRAPPA S/O. BASAPPA RONAD,
AGE: MAJOR, OCC: NOT KNOWN,
R/O. MJUGALIYAVAR ONI,
KUSUGAL VILLAGE, TQ: HUBBALLI-580021.
8. SRI. K.PARTASARDIRAO S/O. SUBBARAYADU,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. HOUSE NO.159, BASAVESHWAR NAGAR,
GOKUL ROAD, HUBBALLI-580021.
9. SMT. K. NIRMALADEVI W/O. PARTASARADIRAO,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. HOUSE NO.159, BASAVESHWAR NAGAR,
GOKUL ROAD, HUBBALLI-580021.
10. GOVERNMENT OF KARNATAKA
REPRESENTED BY D.C. DHARWAD-580001.
12. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
LAKKAMANAHALLI, DHARWAD-580001.
12. SRI. KUMAR S/O. GAVISIDDAPPA MANE,
AGE: MAJOR, OCC: NOT KNOWN,
R/O. NAGASHETTIKOPPA, HUBBALLI-580021.
13. SRI. SANJEEVAPPA S/O. GAVISDDAPPA MANE,
AGE: MAJOR, OCC: NOT KNOWN,
R/O. NAGASHETTIKOPPA, HUBBALLI-580001.
14. SRI. RAJAPPA S/O. GAVISIDDAPPA MANE,
AGE: MAJOR, OCC: NOT KNOWN,
R/O. NAGASHETTIKOPPA, HUBBALLI-580001.
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NC: 2025:KHC-D:15418-DB
RFA No. 100412 of 2019
HC-KAR
15. SRI. RAMARAYAPPA S/O. GAVISIDDAPPA MANE,
AGE: MAJOR, OCC: NOT KNOWN,
R/O. NAGASHETTIKOPPA, HUBBALLI-580001.
16. SMT. TASANEEM W/O. MOHAMMED ISMAIL
SAUNSHI, AGE: 52 YEARS,
OCC: BUSINESS AND AGRICULTURE,
R/O. MANNAT NO.1 CITY PARK,
NEAR SHABARINAGAR, KUSUGAL ROAD,
KESHWARPUR, HUBBALLI-580023,
TQ: HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
(BY SRI. SUDHINDRA V.KOPPAR, ADVS. FOR R8, R9 AND R16;
SRI. P.N.HATTI, HCGP FOR R10;
SRI. SHASHANK S.HEGDE AND SMT. PREETI SHASHANK,
ADVOCATES FOR R11;
NOTICE TO R1 TO R4, R12, R13 AND R15 IS SERVED
BUT UNREPRESENTED;
NOTICE TO R5, R7, R14 IS HELD SUFFICIENT;
APPEAL AGAINST R6 IS ABATED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 27.04.2019 PASSED IN
O.S.NO.88/2012 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
HUBBALLI, PARTLY DECREEING THE SUIT FILED FOR PARTITION,
SEPARATE POSSESSION, DECLARATION AND MANDATORY
INJUNCTION AND ETC.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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NC: 2025:KHC-D:15418-DB
RFA No. 100412 of 2019
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the appellants has filed a memo
dated 08.09.2025 seeking leave of this court to retire from
this matter. Learned counsel submits that though this
appeal is abated as against respondent No.6 by order dated
29.07.2025 passed by this court, and the learned counsel
sought for information regarding legal heirs of the deceased
respondent No.6 from the appellants, no information is
forthcoming from the appellants. Though several calls have
been made, the appellants are not cooperating with the
learned counsel.
2. Having regard to the recent judgment of the
Hon'ble Apex Court in the case of SURESH CHANDRA
(DECEASED) THROUGH LRS AND OTHERS VS PARASRAM &
OTHERS (2025 INSC 873), this appeal arises out of a suit
for partition and separate possession, not only abates
NC: 2025:KHC-D:15418-DB
HC-KAR
against respondent No.6, it abates against all the
respondents also.
3. Further, having regard to the statement made by
the learned counsel for the appellants, it is clear that the
appellants are not interested in prosecuting the appeal.
4. Accordingly, the Regular First Appeal stands
dismissed as abated.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
MBS
Ct:VH
