Karnataka High Court
Sri. Anilkumar S/O Somaraddi Tirlapur vs Sri. Shambhulinga S/O Mallappa Kiragi on 21 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:16031-DB
RFA No. 100180 of 2021
C/W RFA No. 100093 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 21ST DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
R.F.A. NO.100180 OF 2021 (DEC/POS)
C/W. R.F.A. NO.100093 OF 2022 (PAR/POS)
IN R.F.A. NO.100180 OF 2021
BETWEEN:
1. SRI. ANILKUMAR S/O. SOMARADDI TIRLAPUR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. BINKADAKATTI, TQ. DIST. GADAG-582101.
2. SRI. RAVINDRAKUMAR S/O. SOMARADDI TIRLAPUR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. BINKADAKATTI, TQ. DIST. GADAG-582101.
...APPELLANTS
(BY SRI. SAIKIRAN B. NAIK, ADVOCATE)
AND:
1. SRI. SHAMBHULINGA S/O. MALLAPPA KIRAGI,
AGE: 47 YEARS, OCC: AGRIL. BANK MANAGER,
R/O. NEAR SHIVALAYA TEMPLE, 22ND CROSS,
Digitally signed
by V N
BADIGER
VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101.
Location: High
Court of
Karnataka, 2. SRI. BASAVARAJ S/O. MALLAPPA KIRAGI,
Dharwad Bench.
AGE: 43 YEARS, OCC: AGRICULTURE & PVT. SERVICE,
R/O. NEAR SHIVALAYA TEMPLE, 22ND CROSS,
VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101.
3. SRI. BASAVARAJ S/O. SHIVAPPA KACHATTI,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O. KUTAKANAKERI, TQ. BADAMI,
DIST. BAGALKOT-587101.
4. SRI. CHANNAMALLAPPA S/O. SHIVAPPA KACHATTI,
AGE: 39 YEARS, OCC AGRICULTURE,
R/O. KUTAKANAKERI, TQ. BADAMI,
DIST. BAGALKOT-587101.
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NC: 2025:KHC-D:16031-DB
RFA No. 100180 of 2021
C/W RFA No. 100093 of 2022
HC-KAR
5. SMT. SUVARANA W/O. KASHAPPA TENGINAKAI,
AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR
TEMPLE, GADAG-582101.
6. SMT. IRAMMA D/O. KASHAPPA TENGINAKEI,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR
TEMPLE, GADAG-582101.
7. SMT. BASAMMA D/O. KASHAPPA TENGINAKAI,
AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR
TEMPLE, GADAG-582101.
8. SRI. KOTRAPPA @ BASAVARAJ
S/O. KASHAPPA TENGINAKAI,
AGE: 27 YEARS, OCC: PVT. SERVICE,
R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR
TEMPLE, GADAG-582101.
9. SRI. KUMAR S/O. KASHAPPA TENGINAKAI,
AGE: 24 YEARS, OCC: PVT. SERVICE,
R/O. VAKKALAGERI ONI, NEAR RACHOTESHWAR
TEMPLE, GADAG-582101.
10. SMT. SHAKUNTALA W/O. BASAVANAPPA ANGADI,
AGE: 75 YEARS, OCC: HOUSEHOLD WORK,
R/O. MAJJIGUDD, TQ. NAVALAGUND,
DIST. DHARWAD-580001.
11. SRI. BASAVANNEPPA S/O. ANDANEPPA HASABI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. NEAR HALLIGOUDAR HOUSE,
NALWAD GALLI, GADAG-582101.
...RESPONDENTS
(BY SRI. C. S. SHETTAR AND SMT. KAVYA C., ADV. FOR R1;
NOTICE TO R2, R4 TO R9 AND R11 ARE SERVED;
APPEAL AGAINST R3 AND R10 ARE STANDS ABATED)
THIS RFA IS FILED U/S.96 OF CPC., PRAYING TO CALL FOR
RECORDS IN OS NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR
CIVIL JUDGE & CJM GADAG AND ALLOW THE APPEAL AND SET ASIDE
THE JUDGMENT AND DECREE DATED 10/09/2018 PASSED IN OS
NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE AND
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NC: 2025:KHC-D:16031-DB
RFA No. 100180 of 2021
C/W RFA No. 100093 of 2022
HC-KAR
CJM GADAG, AND CONSEQUENTLY DISMISS THE SUIT OF PLAINTIFFS
IN ITS ENTIRETY IN THE ENDS OF JUSTICE AND EQUITY AND ETC.
IN RFA NO.100093 OF 2022
BETWEEN:
1. SMT. SUVARANA W/O. KASHAPPA TENGINAKAI,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR
TEMPLE, GADAG-582101.
2. SMT. IRAMMA D/O. KASHAPPA TENGINAKEI,
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR
TEMPLE, GADAG-582101.
3. SMT. BASAMMA D/O. KASHAPPA TENGINAKAI,
AGE: 34 YEARS, OCC: HOUSEHOLD WORK,
R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR
TEMPLE, GADAG-582101.
4. SRI. KOTRAPPA @ BASAVARAJ S/O. KASHAPPA
TENGINAKAI, AGE: 32 YEARS, OCC: PVT. SERVICE,
R/O. VAKKALAGERI ONI, NEAR RACHOTOESHWAR
TEMPLE, GADAG-582101.
5. SRI. KUMAR S/O. KASHAPPA TENGINAKAI,
AGE: 29 YEARS, OCC: PVT. SERVICE,
R/O. VAKKALAGERI ONI, NEAR
RACHOTOESHWAR TEMPLE, GADAG-582101.
...APPELLANTS
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
AND:
1. SRI. SHAMBHULINGA S/O. MALLAPPA KIRAGI,
AGE: 52 YEARS, OCC: AGRIL., BANK MANAGER,
R/O. NEAR SHIVALAYA TEMPLE, 22ND CROSS,
VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101.
2. SRI. BASAVARAJ S/O. MALLAPPA KIRAGI,
AGE: 49 YEARS, OCC: AGRICULTURE & PVT. SERVICE,
R/O NEAR SHIVALAYA TEMPLE, 22ND CROSS,
VIJAY NAGAR, VIDYAGERI, BAGALKOT-587101.
3. SRI. BASAVARAJ S/O. SHIVAPPA KACHATTI,
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NC: 2025:KHC-D:16031-DB
RFA No. 100180 of 2021
C/W RFA No. 100093 of 2022
HC-KAR
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. KUTAKANAKERI, TQ. BADAMI,
DIST. BAGALKOT-587101.
4. SRI. CHANNAMALLAPPA S/O. SHIVAPPA KACHATTI,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. KUTAKANAKERI, TQ. BADAMI,
DIST. BAGALKOT-587101.
5. SRI. ANILKUMAR S/O. SOMARADDI TIRLAPUR,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. BINKADAKATTI, TQ. DIST. GADAG-582101.
6. SRI. RAVINDRAKUMAR S/O. SOMARADDI TIRLAPUR,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O. BINKADAKATTI, TQ. DIST. GADAG-582101.
7. SRI. BASAVANNEPPA S/O. ANDANEPPA HASABI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. NEAR HALLIGOUDAR HOUSE,
NALWAD GALLI, GADAG-582101.
8. SMT. SHAKUNTALA W/O. BASAVANAPPA ANGADI,
AGE: 80 YEARS, OCC: HOUSEHOLD WORK,
R/O. MAJJIGUDD, TQ. NAVALAGUND,
DIST. DHARWAD-580022.
...RESPONDENTS
(BY SRI. C. S. SHETTAR, ADV. FOR R1;
SRI. SAIKIRAN B. NAIK, ADV. FOR R5 & R6;
NOTICE TO R2 AND R4 ARE SERVED;
APPEAL AGAINST R3 AND R8-ABATED; R7-NO SUCH PERSON)
THIS RFA IS FILED U/S.96 OF CPC., PRAYING TO CALL FOR
RECORDS IN OS NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR
CIVIL JUDGE & CJM GADAG AND ALLOW THE APPEAL AND SET ASIDE
THE JUDGMENT AND DECREE DATED 10/09/2018 PASSED IN OS
NO.113/2015 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE AND
CJM GADAG, AND CONSEQUENTLY DISMISS THE SUIT OF PLAINTIFFS
IN ITS ENTIRETY IN THE ENDS OF JUSTICE AND EQUITY.
THESE APPEALS, 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
-5-
NC: 2025:KHC-D:16031-DB
RFA No. 100180 of 2021
C/W RFA No. 100093 of 2022
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
The appeal in RFA No.100180/2021, insofar as respondent
Nos. 3 and 10 are concerned stands abated, as both the parties
died in the year 2024. Similarly, in the connected appeal, the same
respondents, who are respondent Nos.3 and 8 have also died and
no steps were taken to bring their legal representatives on record.
Having regard to the law laid down by the Hon'ble Supreme
Court in Suresh Chandra (deceased) through L.Rs. and Others
V/s Parasram and Others, reported in 2025 INSC 873, in
appeal arising out of a suit for partition, the appeal does not abate
only against certain respondents, it abates against all the
respondents. In that view of the matter, we are constrained to hold
that both the appeals stand dismissed as abated.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
