Karnataka High Court
Smt S Sowbhagyamma vs Sri. Sampaiah on 26 November, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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RSA No. 813 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.813 OF 2022 (PAR)
BETWEEN:
1. SMT. S. SOWBHAGYAMMA
W/O M. SHIVANANDAIAH,
AGED ABOUT 58 YEARS,
R/AT JAGGANNATHAPURA,
KASABA HOBLI, TUMAKURU TALUK,
NOW R/AT BUGUDANAHALLI,
BELLAVI HOBLI,
TUMAKURU TALUK AND DISTRICT-572 107.
...APPELLANT
(BY SRI. KUMAR K.R., ADVOCATE)
AND:
Digitally signed SRI. SAMPAIAH,
by DEVIKA M (SINCE DEAD BY LR),
Location: HIGH SMT. GANGAMMA (DEAD).
COURT OF
KARNATAKA
SRI. B.S.SOMASHEKARAIAH,
SINCE DEAD BY LRS.
1. SMT. VIJAYALAKSHMI,
W/O B.S. SOMASHEKAR,
AGED ABOUT 48 YEARS.
2. B.S. SATHISH,
S/O B.S. SOMASHEKAR,
AGED ABOUT 28 YEARS.
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3. KUM. SHOBHA,
D/O B.S. SOMASHEKAR,
AGED ABOUT 26 YEARS.
4. KUM. ANITHA,
D/O B.S. SOMASHEKAR,
AGED ABOUT 22 YEARS.
5. KUM. PANKAJA,
D/O B.S. SOMASHEKAR,
AGED ABOUT 24 YEARS.
6. KUM. SHILPA,
D/O B.S. SOMASHEKAR,
AGED ABOUT 21 YEARS.
ALL ARE RESIDING AT
BUGUDANAHALLI, BELLAVI HOBLI,
TUMAKURU TALUK AND DISTRICT-572 104.
...RESPONDENTS
(BY SRI. SUNIL KUMAR PATEL, ADVOCATE FOR R1 AND R2;
VIDE ORDER DATED 26.11.2025,
NOTICE TO R3 TO R6 IS DISPENSED WITH)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 11.01.2022
PASSED IN R.A.NO.125/2019 ON THE FILE OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 28.03.2019 PASSED IN O.S.NO.140/2011
ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, AND
CJM, TUMAKURU.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard the learned counsel for the appellant and the
learned counsel for respondent Nos.1 and 2.
2. Having heard both the learned counsel and also on
perusal of the reasoning given by the First Appellate Court, it
appears that the First Appellate Court even not looked into the
material on record. The First Appellate Court is a statutory
Appellate Court to consider both pleadings and also the
evidence and appreciate the evidence available on record and
the same is not done. This Court would like to extract
paragraph No.14 of the judgment of the First Appellate Court in
confirming the judgment of the Trial Court, which reads as
follows:
"14. Point No.1: Case of the parties is stated in
the above para and no need to repeat it. Most of the
facts are not disputed. The trial court has properly
appreciated the materials on record and rightly come
to the conclusion that plaintiff has got ½ share in suit
item No.2, 3, 7, 10 to 13 and 22 by metes and
bounds in the ancestral properties of herself and
defendant No.3. The self acquired properties of the
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father of plaintiff has disposed of by way of gift
deeds during his life time. I do not find any reason
to interfering with judgment passed by the trial
court. Accordingly point No.1 answered in negative."
3. Having read this judgment, the First Appellate Court
committed an error in simply confirming the order of the Trial
Court without considering the pleadings and evidence available
on record and not exercised the scope as provided under Order
41 Rule 31 of CPC and hence, the matter requires re-
consideration by the First Appellate Court and it is nothing but
in a casual manner disposed of the first appeal. Hence, the
matter requires to be remitted back to the First Appellate Court
to consider the same in accordance with law.
4. In view of the discussions made above, I pass the
following:
ORDER
(i) The judgment and decree of the First Appellate
Court dated 11.01.2022 passed in
R.A.No.125/2019 is set aside.
(ii) The matter is remitted back to the First
Appellate Court to consider and dispose of the
same in a time bound period.
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(iii) The parties are directed to appear before the
First Appellate Court on 19.12.2025, without
expecting any notice from the First Appellate
Court.
(iv) The First Appellate Court is directed to dispose
of the matter within a period of four months
from 19.12.2025.
(v) The First Appellate Court to treat the appeal as
original proceedings and decide the issue
involved between the parties, the same being a
statutory appeal.
(vi) All the contentions of the respective parties are
kept open.
Sd/-
(H.P.SANDESH)
JUDGE
MD
