Karnataka High Court
Smt.Gangamma W/O Rudrappa Banakar vs Smt.Manjula W/O Nagappa Banakar on 6 November, 2025
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NC: 2025:KHC-D:15178
RSA No. 100226 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO.100226 OF 2022 (PAR/POS)
BETWEEN:
1. SMT. GANGAMMA W/O. RUDRAPPA BANAKAR,
AGED ABOUT 58 YEARS, OCC. HOUSEWIFE,
R/O. MALLUR, TQ. BYADGI-581106,
HAVERI DISTRICT.
2. SRI. VEERABHADRAPPA S/O. RUDRAPPA BANAKAR,
AGED ABOUT 44 YEARS, OCC. AGRICULTURE,
R/O. MALLUR, TQ. BYADGI-581106,
HAVERI DISTRICT.
3. SMT. SHAKUNTALA
W/O. PRABHUGOUDA HOMBARADI,
AGED ABOUT 42 YEARS,
OCC. HOUSEWIFE, R/O. MALLUR, TQ. BYADGI,
HAVERI DISTRICT-581106.
YASHAVANT
NARAYANKAR
4. SRI. PRAKASH S/O. RUDRAPPA BANAKAR,
Digitally signed by
YASHAVANT
AGED ABOUT 38 YEARS,
NARAYANKAR
Date: 2025.11.07
OCC. AGRICULTURE,
14:29:02 +0530
R/O. MALLUR, TQ. BYADGI-581106,
HAVERI DISTRICT.
...APPELLANTS
(BY SRI. AMIT ANANDHALLI, ADVOCATE FOR
SRI. S.G. KADADAKATTI, ADVOCATE)
AND:
SMT. NAGAVVA
W/O. MAHADEVAPPA BANAKAR,
SINCE DECEASED BY HER LRS.
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NC: 2025:KHC-D:15178
RSA No. 100226 of 2022
HC-KAR
1. SMT. MANJULA W/O. NAGAPPA BANAKAR,
AGED ABOUT 60 YEARS,
OCC. HOUSEHOLD WORK,
R/O. D.NO.33, DEVARAJURS BADAVANE,
C-BLOCK, II CROSS,
NEAR ACM HIGH SCHOOL,
DAVANAGERE-577001.
2. VISHALA D/O. NAGAPPA BANAKAR,
AGED ABOUT 40 YEARS,
OCC. HOUSEHOLD WORK,
R/O. D.NO.33, DEVARAJURS BADAVANE,
C-BLOCK, II CROSS,
NEAR ACM HIGH SCHOOL,
DAVANAGERE-577001.
3. LILA D/O. NAGAPPA BANAKAR,
AGED ABOUT 32 YEARS,
OCC. HOUSEHOLD WORK,
R/O. D.NO.33, DEVARAJURS BADAVANE,
C-BLOCK, II CROSS,
NEAR ACM HIGH SCHOOL,
DAVANAGERE-577001.
4. SHANKRAPPA VEERABHADRAPPA BANAKAR
AGED ABOUT 63 YEARS,
OCC. BUSINESS, R/O. D.NO.33,
DEVARAJURS BADAVANE,
C-BLOCK, II CROSS,
NEAR ACM HIGH SCHOOL,
DAVANAGERE-577001.
5. SMT. LALITA @ SHANTA W/O. RAJASHEKAR BYADGI,
AGED ABOUT 60 YEARS,
OCC. HOUSEHOLD WORK,
R/O. NARASARAJ ROAD,
DAVANAGERE-577001.
6. SMT. NEELAVVA W/O. VEERAPPA BANAKAR @ AKKI,
AGED ABOUT 44 YEARS,
OCC. HOUSEHOLD WORK, R/O. MALLUR,
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NC: 2025:KHC-D:15178
RSA No. 100226 of 2022
HC-KAR
TQ. BYADGI-581106,
HAVERI DISTRICT.
7. KU. SHWETHA D/O. VEERAPPA BANAKAR @ AKKI,
AGED ABOUT 26 YEARS,
OCC. STUDENT, R/O. MALLUR,
TQ. BYADGI-581106,
HAVERI DISTRICT.
8. BASAVANEEPPA S/O. VEERAPPA BANAKAR @ AKKI,
AGED ABOUT 24 YEARS,
OCC. STUDENT, R/O. MALLUR,
TQ. BYADGI-581106,
HAVERI DISTRICT.
9. PAKKIRAPPA MAHALINGAPPA BANAKAR @ AKKI
AGED ABOUT 70 YEARS,
OCC. AGRICULTURE, R/O. MALLUR,
TQ. BYADGI,
NOW AT ASHWINI NAGAR, 2ND CROSS,
HAVERI CITY-581110.
10. SHIVAYOGI MAHALINGAPPA BANAKAR
AGED ABOUT 50 YEARS,
OCC. AGRICULTURE, R/O. MALLUR,
TQ. BYADGI, NOW AT ASWHINI NAGAR,
2ND CROSS,
HAVERI CITY-581110.
11. SMT. SHUSHILAMMA W/O. BASAVARAJAPPA BANAKAR,
AGED ABOUT 74 YEARS,
OCC. HOUSEHOLD WORK,
R/O. D.NO.686, NARASARAJ ROAD,
DAVANAGERE-577001.
12. IRANNA S/O. BASAVARAJAPPA BANAKAR,
AGED ABOUT 50 YEARS,
OCC. BUSINESS, R/O. D.NO.686,
NARASARAJ ROAD, DAVANAGERE-577001.
13. B. MALLIKARJUN S/O. BASAVARAJAPPA BANAKAR,
AGED ABOUT 46 YEARS,
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NC: 2025:KHC-D:15178
RSA No. 100226 of 2022
HC-KAR
OCC. BUSINESS, R/O. D.NO.686,
NARASARAJ ROAD, DAVANAGERE-577001.
14. B. RAJKUMAR S/O. BASAVARAJAPPA BANAKAR,
AGED ABOUT 44 YEARS,
OCC. BUSINESS, R/O. D.NO.686,
NARASARAJ ROAD,
DAVANAGERE-577001.
15. SMT. GEETHA W/O. MAHADEVAPPA T.P.
AGED ABOUT 42 YEARS,
OCC. HOUSEHOLD WORK,
R/O. ARASA BADAVANE,
DAVANAGERE-577001.
16. SMT. RUDRAMMA W/O. CHETANYKUMAR C.B.
AGED ABOUT 38 YEARS,
OCC. HOUSEHOLD WORK,
R/O. K.J. BADAVANE,
POST OFFICE, DAVANAGERE-577001.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING
TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND
DECREE DATED 15.09.2020 PASSED BY THE COURT OF II
ADDITIONAL DISTRICT JUDGE AT: HAVERI, SITTING AT
RANEBENNUR IN R.A.NO.88/2016 BY CONFIRMING THE JUDGMENT
AND DECREE DATED 28.07.2016 PASSED BY THE SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BYADAGI, IN
O.S. NO.46/2012 AND TO DECREE THE SUIT BY ALLOWING THIS
APPEAL AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:15178
RSA No. 100226 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Heard the learned counsel is appearing for the appellants.
2. The appellants have approached this Court in appeal
being aggrieved by the judgment of the First Appellate Court in
R.A.No.88/2016, whereby it modified the judgment of the Trial
Court and granted 1/3rd share to the plaintiffs in item No.1 of A
schedule property and rejected the claim in respect of item No.2
property.
3. It is the case of the appellants that they represent
the branch of one Veerabhadrappa, who had three brothers i.e.
Veerappa, Mahalingappa and Basavanneppa. There was a
partition among the four brothers in the year 1982, which is
admitted by the appellants. The said Basavanneppa died issue
less in the year 1996. It was contended that Basavanneppa had
executed a gift deed in favour of Basavarajappa, who was the
brother's son of the donor. Appellants are seeking share in the
property belonging to Basavanneppa on the ground that he had
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HC-KAR
not executed any such gift deed and therefore, they are entitled
as class-II heirs under the Hindu Succession Act.
4. The First Appellate Court held that there being a valid
conveyance in the form of gift deed in respect of item No.2
property, partition cannot be effected in respect of the same.
Therefore, it rejected the claim for partition in respect of item
No.2 property, but however granted share in the item No.1
property.
5. It is pertinent to note that the Trial Court had held
that the plaintiffs are not entitled for any share. While doing so,
it had held that the gift had been established. Thus, the finding
of the Trial Court as well as the First Appellate Court in respect of
the gift deed executed by Basavanneppa in favour of
Basavarajappa has been upheld. The said gift deed being a
registered gift deed, the fact of such gift having been upheld by
both the Trial Court and the First Appellate Court, there cannot
be any reason to hold that there exist any question of law, much
less a substantial question of law. The factual aspect that there
was a gift deed by Basavanneppa in favour of Basavarajappa
dated 03.03.1977, having been established and upheld by both
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HC-KAR
the Trial Court and the First Appellate Court, there is no room to
hold that there is any question of law which remains to be
adjudicated. Obviously, Basavanneppa had died in the year
1996, much later to the date of execution of the gift deed. Under
these circumstances, this Court is of the view that no substantial
question of law arises and therefore, the appeal is devoid of any
merits. Consequently, the appeal is dismissed at the admission
stage itself.
SD/-
(C M JOSHI)
JUDGE
SSP
CT:PA
