Karnataka High Court
Gayatri W/O. Ramesh Bagur vs Chandrashekar S/O. Gurusiddappa ... on 27 October, 2025
Author: R.Devdas
Bench: R.Devdas
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RFA No. 100196 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 27TH DAY OF OCTOBER 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS R
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
REGULAR FIRST APPEAL NO. 100196 OF 2025 (PAR/POS)
BETWEEN:
1. GAYATRI W/O. RAMESH BAGUR,
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
2. KUMARI ARCHANA DEVI,
D/O. MALLIKARJUN MALAGI,
AGE: 40 YEARS, OCC: NIL,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD-580020.
- APPELLANTS
(BY SRI. MAHESH WODEYAR, ADVOCATE)
AND:
Digitally
signed by 1 CHANDRASHEKAR S/O. GURUSIDDAPPA SULLAD,
VINAYAKA B V
Location: AGE: 66 YEARS, OCC: AGRICULTURE,
HIGH COURT R/O. GANESH PETH, HUBBALLI,
OF
KARNATAKA DISTRICT DHARWAD -580020.
DHARWAD
BENCH
2. MANOHAR S/O. GURUSIDDAPPA SULLAD,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. GANESH PETH, HUBBALLI,
DISTRICT DHARWAD-580020.
3. NIJALINGAPPA S/O. GURUSIDDAPPA SULLAD,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD-580020.
4. SHANMUKAPPA S/O. GURUSIDDAPPA SULLAD,
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RFA No. 100196 of 2025
HC-KAR
AGE: 62 YEARS, OCC: AGRICULTURE & BUSINESS,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD-580020.
5. SHOBHA W/O. PRAKASH SULLAD,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
6. PAVAN S/O. PRAKASH SULLAD,
AGE: 37 YEARS, OCC: STUDENT,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
7. DEEPA W/O. HUCHCHANGOUDA PATIL,
AGE: 41 YEARS, OCC: WORK,
R/O. ADNUR, TAL: NAVALAGUND, HUBBALLI,
DISTRICT: DHARWAD -580028.
8. SHILPA D/O. PRAKASH SULLAD,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD-580020.
9. MANAGER,
KALLAPPANNA AWADE INCHALKARANJI,
AGE: MAJOR, OCC: WORK,
R/O. JANATA SAHAKARI BANK LTD,
GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
JABBARKHAN HAYADKHAN HONNALLI,
SINCE DECEASED BY LR's.,
10. SMT. MEHARUNNISA,
W/O. JABBARKHAN HONNALLI,
AGE: 75 YEARS, OCC: HOUSEHOLD WORK,
R/O: OPP: WOODLAND HOTEL (OM-HOTEL),
KESHWAPUR, HUBBALLI-580023.
11. SMT. SAJIDA D/O. JABBARKHAN HONNALLI,
AGE : 47 YEARS, OCC: TEACHER,
R/O: OPP: WOODLAND HOTEL,
OM HOTEL OPPOSTI, KESHWAPUR,
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RFA No. 100196 of 2025
HC-KAR
HUBBALLI-580023.
12. SMT. MAKSUDAKHANAM,
W/O. RIYAZ AHEMMAD PULLI,
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O: NOORANI PLOT, OLD HUBBALLI,
HUBBALLI-580023.
13. SRI. JUBER S/O. JABBARKHAN HONNALLI,
AGE : 40 YEARS, OCC: BUSINESS,
R/O: OPP: WOODLAND HOTEL (OM-HOTEL),
KESHWAPUR, HUBBALLI-580023.
14. SMT. FANIDAKHANAM,
D/O. JABBARKHAN HONNALLI,
AGE : 48 YEARS, OCC: TEACHER,
R/O: OPP: WOODLAND HOTEL (OM-HOTEL),
KESHWAPUR, HUBBALLI-580023.
15. SMT. NAHIDAKHANAM,
D/O. JABBARKHAN HONNALLI,
AGE : 39 YEARS, OCC: DOCTOR,
R/O: OPP: WOODLAND HOTEL, (OM-HOTEL)
KESHWAPUR, HUBBALLI, HUBBALLI-580023.
16. SMT. WAHIDAKHANAM,
D/O. JABBARKHAN HONNALLI,
AGE : 48 YEARS, OCC: TEACHER,
R/O: OPP: WOODLAND HOTEL (OM-HOTEL),
KESHWAPUR, HUBBALLI-580023.
17. SMT. SAJIDAKHANAM,
D/O. JABBARKHAN HONNALLI,
AGE: 34 YEARS, OCC: JOB,
R/O: OPP: WOODLAND HOTEL (OM-HOTEL),
KESHWAPUR, HUBBALLI-580023.
18. KRISHNA S/O. TUKARAM REVANAKAR,
AGE: 61 YEARS, OCC: BUSINESS,
R/O. MALAGERI DECAN TAKIS BACK SIDE,
DISTRICT: DHARWAD -580020.
19. SMT. PITAJIBHAI W/O. VIMALCHAND TELASARA,
AGE: 71 YEARS, OCC: HOUSEHOLD,
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R/O. SHIVAGANGA LE OUT, BEHIND KEB OFFICE,
FRONT OF MADURA COLONY, KUSUGAL ROAD,
HUBBALLI, DISTRICT: DHARWAD-580023.
20. SHIVANAND S/O. HANUMANTAPPA JOGIN,
AGE: 71 YEARS, OCC: BUSINESS,
R/O. GABBUR GALLLI AKKIHONDA, HUBBALLI,
DISTRICT: DHARWAD-580028.
21. KESHAV SHANTAPPA VARNEKAR,
AGE: 71 YEARS, OCC: BUSINESS,
R/O. SHANTI KUNJ, NO.4659 B PRAGATHI COLONY,
SHIRUR PARK, VIDYANANGR HUBBALLI,
DISTRICT: DHARWAD -580001.
22. UGAMACHAND S/O. DEEPCHAND JAIN,
AGE: 61 YEARS, OCC: BUSINESS
R/O. SUVUDHA COLONY, KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD-580023.
23. RABHIYA S/O. NAJIRAHAMMAD GADAGAKAR,
AGE: 38 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
R/O. AZAD COLONY, KESHWAPUR HUBBALLI,
DISTRICT: DHARWAD -580023.
24. ALLISAB S/O. SHABIRSAB SOLLAPUR,
AGE: MAJOR, OCC: PRIVATE JOB,
R/O. WARD NO. 3 BANKAPUR, TALUK: SHIGGAON,
DISTRICT: HAVERI-581205.
25. WAIZAKHAN S/O. MOHAMMED AMIRKHAN,
AGE: MAJOR, OCC: PRIVATE JOB,
R/O. JEDDA KINGDOM OF SOUDI AREBIA,
REPRESENTED BY HIS GPA HOLDER
KHIZARMOHAMEDKHAN
S/O. MOHAMMED AMIRKHAN,
AGE: 53 YEARS, OCC: BUISINESS.
R/O. H.NO. 50/142, 3RD CROSS,
TABIBLAND GANESHPETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
26. KHIZAR MOHAMEDKHAN,
S/O. MOHAMMED AMIRKHAN,
AGE : 57 YEARS, OCC: AGRICULTURE,
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RFA No. 100196 of 2025
HC-KAR
R/O. H.NO. 50/142, 3RD CROSS,
TABIBLAND GANESHPETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
27. MOHAMMED THOFIQ S/O. ABDUSTTAR SAYED,
AGE: 68 YEARS, OCC: BUISINESS,
R/O. RAJADHANI COLONY,
OPPOSITE TO DARGA BAIRIDEVAGRKOPPA,
HUBBALLI, BY HIS G.P.A HOLDER
SMT.FATIMA W/O. ABDULKADAR SARKWAS,
AGE: 61 YEARS, OCC: HOUSE HOLD WORK,
R/O. RAJADHANI COLONY, DARGA BAIRIDEVAGRKOPPA,
HUBBALLI, DISTRICT: DHARWAD -580030.
28. SMT. FATIMA W/O. ABDULKADAR SARKWAS,
AGE: 61 YEARS, OCC: HOUSEHOLD WORK,
R/O. RAJADHANI COLONY, DARGA BAIRIDEVAGRKOPPA,
HUBBALLI, DISTRICT: DHARWAD-580030.
29. SRI. ABIDAHUSEN S/O. MOHAMMEDALI NAIK,
AGE: 62 YEARS, OCC: BUSINESS,
R/O. AZAD COLONY, KESHWAPUR HUBBALLI,
DISTRICT: DHARWAD -580023.
30. SRI. LIYAKATHALI S/O. MOHAMMEDALI NAIK,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O. AZAD COLONY, HUBLI-580023.
31. SMT. SAYEDBANU W/O. ABDUL MUNAF PYATI,
AGE: 54 YEARS, OCC: HOUSEHOLD WORK,
R/O. LAININA NAGAR NITUVALLI, DAVANAGERE,
DISTRICT: DAVANAGERE-577001.
32. SRI. MOHAMMED ARIF S/O. NABISAB KHAJI,
AGE: 62 YEARS, OCC: MEDICAL PRACTITIONER,
R/O. 46/6, YELLAPUR ONI, HUBBALLI,
DISTRICT: DHARWAD-580020.
33. SRI. FAIZ ARSHAD S/O. MOHAMMED SHAFEE SUDARJI,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. TABIB LAND HUBBALLI,
DISTRICT: DHARWAD-580020.
34. SMT. ARIFA TYAISIN MOHAMMED SHAFI SUDARJI,
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RFA No. 100196 of 2025
HC-KAR
AGE: 46 YEARS, OCC: TEACHER,
R/O. C/O. M.M.SUDARJI, 69/1,
KRUPANAGAR, MATUR ROAD,
HUBBALLI, DISTRICT: DHARWAD-580001.
35. SRI. MOHAMMED IQABAL,
S/O. MOHAMMED USMAN TASAGAVKAR,
AGE: 49 YEARS, OCC: BUSINESS,
R/O. MALLIKARJU NAGAR,
OPPOSITE TO M.K.PLAZA,
GANDHIWAD RAOD, HUBBALLI,
DISTRICT: DHARWAD-580023.
36. SRI. MUSTAQ ALI S/O. MOHAMMED USAMAN,
AGE: 53 YEARS, OCC: BUSINESS,
R/O. MALLIKARJU NAGAR, OPPOSITE TO M.K.PLAZA,
GANDHIWAD RAOD, HUBBALLI,
DISTRICT: DHARWAD -580023.
37. SRI. MOHAMMED NAJEEM S/O. MODINSAB NAIK,
AGE: 53 YEARS, OCC: BUSINESS
R/O. ARAVIND NAGAR HUBBALLI,
DISTRICT: DHARWAD -580024.
38. SRI. HAFEEJ MOHAMMED KALILUR REHAMAN,
AGE: 73 YEARS, OCC: BUSINESS,
R/O. 9-370, GUJAJARPETH, ANANTHPUR,
ANDRAPRADESH-515001.
39. SRI SHAKEEL AHMMED S/O. DADABAI DHOLABAI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. KARIGAR ONI, GANESHPETH,
DISTRICT: DHARWAD-580020.
40. SRI .ZAKEERHUSEN S/O. DADABAI BHOLABAI,
AGE: 53 YEARS, OCC: BUSINESS,
R/O. KARIGAR ONI, GANESHPETH,
DISTRICT: DHARWAD -580020.
41. SRI. MOHAMMED YUSUF,
S/O. ABDUL HAMEED MULLA,
AGE: 71 YEARS, OCC: JOB,
R/O. 43, 7TH CROSS, AZAM NAGAR,
BELAGAVI -590001.
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RFA No. 100196 of 2025
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42. SRI. MOHAMMED MUNAF S/O. MODINSAB ADOOR,
AGE: 80 YEARS, OCC: BUSINESS,
R/O. HANGAL CHAWL, MANTUR ROAD,
HUBBALLI, DISTRICT: DHARWAD-580020.
43. SRI. NASIR AHMED S/O. UMARSAB KADAMATAGAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. LALSHAKATAWA, SAVANUR,
DISTRICT: HAVERI -581118.
44. MOHAMMED SIRAJ S/O. ADBUL GAFAR SIRUR,
AGE: 46 YEARS, OCC: SERVICE,
R/O. KULKARI COMPOUND, TABIB LAND,
HUBBALLI, DISTRICT: DHARWAD-580020.
45. SRI. JELANI S/O. BASASAHEB KOTIWAL,
AGE: 68 YEARS, OCC: BUSINESS,
R/O. 1ST MAIN ROAD, 2ND CROSS,
TABIB LAND, HUBBALLI ,
DISTRICT: DHARWAD -580020.
46. SRI. MOHAMMED HANEEF,
S/O. MOHANNED HASHIM MANIYAR,
AGE: 55 YEARS, OCC: RAILWAY SERVANT,
R/O. TABIB LAND, IIND MAIN ROAD, HUBBALLI,
DISTRICT: DHARWAD-580020.
47. SRI. MOHAMMED SADIQ,
S/O. MOHAMMED HASHIM MANIYAR,
AGE: 55 YEARS, OCC: RAILWAY SERVANT,
R/O. 4TH CROSS, NEAR MADANI MAZID,
TABIB LAND HUBBALLI,
DISTRICT: DHARWAD -580020.
48. SRI. MOHAMMED RAFIQ,
S/O. MOHAMMED HASHIM MANIYAR,
AGE: 63 YEARS, OCC: RAILWAY SERVANT,
R/O. 4TH CROSS, NEAR MADANI MAZID,
TABIB LAND HUBBALLI,
DISTRICT: DHARWAD -580020.
49. SMT. JAINABBI W/O. DODABAI BHOLABAI,
AGE: 73 YEARS, OCC: RETIRED,
R/O. KARIGAR ONI, GANESH PETH, HUBBALLI,
-8-
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DISTRICT: DHARWAD -580020.
50. FAMEEDAKHANAM D/O. JABBAR KHAN HONALLI,
AGE: 53 YEARS, OCC: TEACHER,
R/O. NEAR WOODLAND HOTEL KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD -580023.
51. NAHEEDAKHANAM D/O. JABBAR HONALLI,
AGE: 45 YEARS, OCC: DOCTOR,
R/O. NEAR WOODLAND HOTEL KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD-580023.
52. WAHEEDAKHANAM,
D/O. JABBAR KHAN HONALLI,
AGE: 44 YEARS OCC: HOUSEHOLD WORK
R/O. NEAR WOODLAND HOTEL KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD -580023.
53. SAJEEDAKHANAM,
D/O. JABBAR KAHAN HONALLI,
AGE: 54 YEARS, OCC: SERVICE,
R/O. NEAR WOODLAND HOTEL KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD-580023.
54. SMT. MAXUDADAKHANAM,
W/O. RIYAZ AHMED PULLI,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O. NOORANI PLOT, OLD HUBLI, HUBBALLI,
DISTRICT: DHARWAD -580024.
55. SRI. DILDAR KHAN,
S/O. ABDULGANIKHAN KULKARNI,
AGE: 62 YEARS, OCC: TEACHER,
R/O. KOLUR CHAWL MANTUR ROAD,
TABIB LAND, HUBBALLI,
DISTRICT: DHARWAD -580020.
56. SMT. NAZEEMABANU W/O. NASIR AHMED MULLA,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O. NOORANI PLOT, NEKARNAGAR ROAD,
OLD HUBLI, HUBBALLI, DISTRICT: DHARWAD-580024.
57. SRI. MOHAMMED ALI S/O. ABDULHAMID MULLA,
AGE: 81 YEARS, OCC: RETIRED,
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R/O. NO. 17 NEAT MADINA MAJID,
HSR 5TH MAIN ROAD, SEFCTOR 7,
BOMMANAHALLI, BANGALORE-560068.
58. SMT. NASEEM BEGUM W/O. ALTAF HUSEN KHAJI,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O. MASTAN SOFA, OLD HUBLI,
DISTRICT: DHARWAD-580024.
59. SMT. MERUNISA D/O. ALLAHBAKSH MAKANDAR,
AGE: 54 YEARS, OCC: ADVOCATE,
R/O. MUKKERI ONI, GANESH PETH, HUBBALLI
DISTRICT: DHARWAD-580020.
60. SRI. ABDULRASHID S/O. ABDULHAMAN BUKARI,
AGE: 53 YEARS, OCC: ENGINEER,
R/O. BINDARGI ONI, GANESH PETH, HUBBALLI,
DISTRICT DHARWAD-580020.
61. SRI. NISAR AHAMED S/O. DHOOLASAB NILAGAR,
AGE: 52 YEARS, OCC: BUSINESS,
R/O. BINDARGI ONI, GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD-580020.
62. SRI. IBRAHIM S/O. ALLABAKSHA BEFARI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O. BINDARGI ONI, GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
63. SRI. SAHABAJ S/O. MUNNIAHMED HAVERI,
AGE: 35 YEARS, OCC: BUSINESS,
R/O. MUKKERI ONI, GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD-580020.
64. SRI. LIYAKATH ALI S/O. MOHAMED ALI MULLA,
AGE: 46 YEARS, OCC: SERVICE,
R/O. NO. 17, NEAR MADINA MAJID,
HSR 5TH MAIN ROAD, SECTOR 7,
BOMMANAHALLI, BENGALURU-560068.
65. SMT. HASEENA W/O. MOHAMED ISAQ KHADAGI,
AGE: 48 YEARS, OCC: AGRICULTURE
R/O. 537, WARD NO. 14, BEHIND PWD,
NEAR NAAGIN MASIDI, VIJAPUR- 586108.
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66. MOHAMED ARIF S/O. DASTGIRSAB TAMBULI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. HOUSE NO. 1559, 6TH CROSS,
GANDHINAGAR, M.K.HUBLI, TAL: BAILHONGAL,
DISTRICT: BELAGAVI -591118.
67. SMT. SANJADA KHANM W/O. ASFA AHEMED MULLA,
AGE: 57 YEARS, OCC: TEACHER, R/O. LIG-239,
GANDHINAGAR, GOKUL ROAD, HUBBALLI,
DISTRICT: DHARWAD-580030.
68. SRI. RIZAWAN AHMED S/O. JAFARSAB HEBBALLI,
AGE: 39 YEARS, OCC: PRIVATE SERVICE,
R/O. KUMBAR ONI, KOULPETH, HUBBALLI,
DISTRICT: DHARWAD -580028.
69. SRI. RIYAZ AHMED S/O. MOHAMMED GOUSE BAHADDUR,
AGE: 52 YEARS, OCC: TILES MESTRI,
R/O. BEHIND JIGALUR BUILDING
ISALAMPUR ROAD, OLD HUBLI, HUBBALLI,
DISTRICT: DHARWAD-580024.
70. SRI. BASIRHMED S/O. RAJESAB JALGAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. TABIB LAND, GOODSHED ROAD,
VIDYARANYA NAGAR, HUBBALLI,
DISTRICT: DHARWAD -580021.
71. SRI. ALTAFHUSEN,
S/O. ABDUL KARIMSAB KAMANAGAR,
AGE: 55 YEARS, OCC: ADVOCATE,
R/O. VEERAPUR ONI, HUBBALLI,
DISTRICT: DHARWAD -580020.
72. SRI. BASIRAHMED S/O. ABDULSAB JANGALI,
AGE: 70 YEARS, OCC: BUSINESS,
R/O. BYALI PLOT, DODDAMANI APARTMENT,
VTH CROSS, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD -580023.
73. SRI. BABASAB KHUTUBUDDIN MULLA,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. MANTUR ROAD, NEAR KRUPADAMA SCHOOL,
HUBBALLI, DISTRICT: DHARWAD -580023.
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74. SRI. MEHAMUBASA S/O. AHMEDSA TANDUR,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. H.NO. 7/1, CBT HUBBALLI,
DISTRICT: DHARWAD-580020.
75. SRI. ABDUL RASHID S/O. DADABAL BHOLABAI,
AGE: 51 YEARS, OCC: BUSINESS,
R/O. BINDARGI ONI, GANESH PETH, HUBBALLI,
DISTRICT: DHARWAD -580020.
76. SMT. FARIDABANU W/O. AHAMADKHAN DEVADI,
AGE: MAJOR, OCC: TEACHER,
R/O. 1518, SANGAMMANAGAR, GOKAK,
DISTRICT: BELAGAVI -591307.
77. SMT. SHABINA KHANAM,
W/O. MOHAMMEDNAJIR SUDARJI,
AGE: 55 YEARS OCC: HOUSEHOLD,
R/O. 47/1, NEAR LANE BAZAR, RAM MANDIR,
DHARWAD, DISTRICT: DHARWAD -580007.
78. SRI KASHIMSAB S/O. HAZARTSAB KALEMADAR,
AGE: 82 YEARS, OCC: RAILWAY RETIRED EMPLOYEE,
R/O. 151/1, KULKARNI HAKKAL, GOODSHED ROAD,
HUBBALLI, DISTRICT: DHARWAD -580020.
79. SRI. NADIM S/O. ABDUL RAWOOF MURAGOD,
AGE: 46 YEARS, OCC: BUSINESS,
R/O. MIG 29, ASHOKNAGAR, BELAGAVI,
DISTRICT: BELAGAVI-590016.
80. SRI. IJAJ S/O. ABDUL RAWOOF MURGOD,
AGE: MAJOR, OCC: BUSINESS,
R/O. MIG 29, ASHOKNAGAR, BELAGAVI,
DISTRICT: BELAGAVI -590016.
81. SRI. NAYEEM S/O. ABDUL RAWOOT MURGOD,
AGE: 47 YEARS, OCC: PRIVATE SERVICE,
R/O. MIG 29, ASHOKNAGAR, BELAGAVI,
DISTRICT: BELAGAVI -590016.
82. SRI. MOHAMMED GOUSE
S/O. MOHAMMEDISA CHOUDARI,
AGE: 44 YEARS, OCC: BUSINESS,
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R/O. BYALI PLOT, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD -580023.
83. SRI. SULEMAN S/O. ISA CHOUDARI,
AGE: 42 YEARS, OCC: BUSINESS,
R/O. BYALI PLOT, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD-580023.
84. SRI. MOHAMMED HUSSEN S/O. MOHAMMEDISA,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. BYALI PLOT, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD -580023.
85. SRI. BABAJAN S/O. ABDUL REHAMAN CHOUDARI,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. MUKKERI GALLI, HUBBALLI,
DISTRICT: DHARWAD - 580020.
86. SRI. MOHAMMED MUSA,
S/O. ABDUL REHAMAN CHOUDARI,
AGE: 76 YEARS, OCC: BUSINESS,
R/O. BYALI PLOT, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD-580023.
87. SMT. SHAMIM BEGUM,
W/O. BABAJAAN CHOUDARI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. MUKKERI ONI, HUBBALLI,
DISTRICT: DHARWAD -580020.
88. SMT. SHAINA BEGUM,
W/O. MAHAMMED MUSA CHODARI,
AGE: 72 YEARS, OCC: HOUSEHOLD WORK,
R/O. BYALI PLOT, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD -580023.
89. SMT. KHURSHIDA BEGUM,
W/O. MOHAMMEDISA CHODARI,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. BYALI PLOT, MANTUR ROAD, HUBBALLI,
DISTRICT: DHARWAD -580023.
90. SRI. ABDUL AJIJ S/O. HUSENSAB JAMKHANE,
AGE: 58 YEARS, OCC: TYRE WORKS,
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RFA No. 100196 of 2025
HC-KAR
R/O. DIVANSHA NAGAR, P.B ROAD, HUBBALLI,
DISTRICT: DHARWAD PIN-580023.
91. SRI. SAIYED ISAQ S/O. SAIYED GOUSE,
AGE: 51 YEARS, OCC: SOFTWER ENGINEER,
R/O. 54, IIND STAGE CHETAN COLONY,
GADAG ROAD, DISTRICT: DHARWAD -580023.
92. SRI FAIYAZ MOHAMMED KHAN SOUDAGAR,
S/O. NAJARMOHAMMED KHAN,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. HOUSE NO. 29, OLD BADAMINAGAR,
KESHWAPUR, HUBBALLI,
DISTRICT: DHARWAD-580023.
93. SMT. SAYEEDA YASMIN,
W/O. MOHAMMED RIJAWAN,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O. PLAT NO. C-3, II FLOOR, CITY AVENUE,
WALVEKAR PLOT, KESHWAPUR,
DISTRICT: DHARWAD -580023.
94. SMT. SALEHA W/O. ANWARSAB CHIMMALAGI,
AGE: 55 YEARS, OCC: TEACHER,
R/O. AZAD COLONY, KESHWAPUR, HUBBALLI,
DISTRICT: DHARWAD -580023.
95. SRI. IRSHAD S/O. SAYED GAFAR KHATIB,
AGE: 57 YEARS, OCC: BUSINESS,
R/O. KULAKARNI HAKKAL, TABIB LAND,
HUBBALLI, DISTRICT: DHARWAD -580020.
96. SRI. MOHAMMED SAJID,
S/O. MOHAMMED ISMAIL SHEKH,
AGE: 47 YEARS, OCC: BUSINESS,
R/O. 2ND CROSS, TABIB LAND, HUBBALLI,
DISTRICT: DHARWAD -580020.
97. SRI. MOHAMMED RAFIQ,
S/O. IBRAHIMSAB HOSAMANI,
AGE: 68 YEARS, OCC: BUSINESS,
R/O. MASTAN SOFA, OLD HUBLI,
DISTRICT: DHARWAD -580023.
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HC-KAR
98. SRI. MOHAMMED ILIYAS,
S/O. MOHAMMED HASHAM MANIYAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. MASTAN SOFA OLD HUBLI,
DISTRICT: DHARWAD PIN-580020.
99. SRI. MOHAMMED KHASHIM,
S/O. ABDULKHADAR MANIYAR,
AGE: 53 YEARS, OCC: BUSINESS,
R/O. HOUSE NO. 30, NEAR MADRAS AREA,
MULLA MAJID, MADAR MADDI, DHARWAD,
DISTRICT: DHARWAD-580020.
100. SRI. ABDULKHADAR S/O. HUSENSAB BALLARI,
AGE: 37 YEARS, OCC: BAR BENDING WORK,
R/O. UGS NO. 1, NEAR PATTAR PODAGALLI,
BANDIWADBES, HUBBALLI,
DISTRICT: DHARWAD-580020.
101. SRI. ASSAMSAB S/O. MASTANSAB BALLARI,
AGE: 46 YEARS, OCC: BAR BENDING MESTRI,
R/O. MOULALI JOBADI HUBBALLI,
DISTRICT: DHARWAD -580020.
102. SRI. MAHAMMED RAFIQ S/O. RAJESAB NADAF,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. GOUSIYA TOWN, ISALAMPUR ROAD,
OLD HUBBALLI, DISTRICT: DHARWAD-580024.
103. SMT. TASNIMKHAN W/O. ANNASA LIKHAN PATHAN,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O. 144, AZAD COLONY, HUBBALLI,
DISTRICT: DHARWAD -580023.
104. SRI. MALLIKARJUN S/O. IQBAL SARAWAD,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. H.NO. 187, KULKARNI HAKKAL,
BASEL MISSION ROAD, OLD HUBLI,
DISTRICT: DHARWAD -580024.
105. SMT. M. ARIFABEGAUM W/O. IMAMSAHEB HUKKERI,
AGE: 66 YEARS, OCC: HOUSEHOLD WORK,
R/O. SHIRUR CHOWL, GOODSHED ROAD,
HUBBALLI, DISTRICT DHARWAD -580020.
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RFA No. 100196 of 2025
HC-KAR
106. SRI. RIYAZ AHMMED S/O. IMAMSAHEB HUKKERI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. 2, KUMBAR ONI, HUBBALLI,
DISTRICT: DHARWAD-580028.
107. SRI. SHARAJIL AHMED,
S/O. MOHAMMED SHAFFI SARAYIGARA,
AGE: 43 YEARS, OCC: ENGINEER,
R/O. PLOT NO. 6, ANANDNAGAR ROAD,
HUBBALLI, DISTRICT: DHARWAD -580024.
108. SRI. BUDANSAB S/O. HAZARATSAB MULLA,
AGE: 76 YEARS, OCC: BUSINESS,
R/O. GAVI ONI, PB ROAD, HUBBALLI,
DISTRICT: DHARWAD-580028.
109. SRI. SHARAFUDDIN S/O. SAMIWULLA,
AGE: 85 YEARS, OCC: BUSINESS,
R/O. KAMALAPUR, VARNASHI
DISTRICT: DHARWAD -581119.
110. SRI. TANAWEER AHAMMAD,
S/O. ABDUL SATTAR,
AGE: 56 YEARS, OCC: BUSINESS,
R/O. HOUSE NO. 111, KANKUDATI CHAWL,
GAVI MOHALLA HUBBALLI,
DISTRICT: DHARWAD-580020.
111. SRI. ABDULGAFAR S/O. NABEESAB SIRUR,
AGE: 83 YEARS, OCC: BUSINESS,
R/O. A.N SIRUR KULKARNI COMPOUND,
TABIB LAND, HUBBALLI,
DISTRICT: DHARWAD -580020.
112. SRI. EPHRAIM ALVES S/O. JOSEPH ALVES,
AGE: 95 YEARS, OCC: AGRICULTURE,
R/O. ANCHORAGEM, DANPAD KHAR,MUMBAI-52.
113. C & C HOTEL SVENTURE PVT LTD.,
KHASRA NO. 32/7, PLOT NO.9 SAMALKA,
NH-8 NEW DELHI-110037, REPRESENTED
BY AVICHAL S/O. LATE R.D MALIK,
AGE:79 YEARS, OCC: SERVICE, R/O. B-134,
SHIVALIK, NEW DELHI-110017.
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RFA No. 100196 of 2025
HC-KAR
SHANKARASA S/O. AMBASA KATWE
SINCE DECASED BY HIS LR's.,
114. SRI. ASHOK S/O. SHANKARASA KATAWE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD-580031
115. SRI. SHREEKANTH S/O. SHANKARASA KATAWE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD-580031.
116. SRI. PANDURANG S/O. SHANKARASA KATAWE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD-580031.
117. SRI.SHRIDHAR S/O. VITHALSA KATAWE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD-580031.
118. SRI. GIRIDHAR S/O. VITTALASA KATAWE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD -580031.
119. SMT. KASTURIBAI W/O. SHANKARASA KATAWE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD-580031.
120. SMT. SAROJABAI W/O. YOGUSA SOLANKE,
AGE: MAJOR, OCC: BUSINESS, R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD-580031.
121. SMT. INDRABAI W/O. NARAYANASA MEHARAWADE,
R/O. BHAVANI NAGAR, NEAR RAGHAVENDR MATH HUBBALLI,
DISTRICT: DHARWAD -580031.
122. SMT.NIRMALABAI W/O. LAXMANSA KABADE,
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RFA No. 100196 of 2025
HC-KAR
AGE: MAJOR, OCC: BUSINESS,
R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD-580031.
123. SMT.MANJULABAI W/O. RAJUSA PAWAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD -580031.
124. SMT.VIDYABAI W/O. ASHOK KATAWE,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD-580031.
125. SMT.VIJAYALAXMI W/O. VITTALASA KATAWE,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD -580031.
126. SMT.ROOPA W/O. SRIKANT KATAWE,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD PIN-580031.
127. SMT.YALLAWWA W/O. SHANKARSA KATAWE,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. BHAVANI NAGAR,
NEAR RAGHAVENDR MATH, HUBBALLI,
DISTRICT: DHARWAD -580031.
128. SMT.LAXMIBAI W/O. P. KATAWE,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. BHAVANI NAGAR, NEAR RAGHAVENDR MATH,
HUBBALLI, DISTRICT: DHARWAD -580031.
129. SRI. ASHOKAKUMAR S/O. MEGHARAJA JAIN,
AGE: MAJOR OCC: BUSINESS,
R/O. RAMADATTA APARTMENT, KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD -580023.
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130. SRI. MEGHARAJ S/O. AMITHACHAND JAIN,
AGE: MAJOR, OCC: BUSINESS,
R/O. RAMADATTA APARTMENT, KESHWAPUR,
HUBBALLI, DISTRICT: DHARWAD -580023.
131. DEVADASA S/O. PUNDALIKASA BADDI,
AGE: MAJOR, OCC: BUSINESS,
R/O. GANESH PETH, WADDAR ONI, HUBBALLI,
DISTRICT: DHARWAD-580020.
132. SRI. RAJENDRAKUMAR,
S/O. JUGARAJ JAIN URF SOLANKI,
AGE: 51 YEARS, OCC: BUSINESS,
R/O. DAJIBANPETH, HUBBALLI,
DISTRICT: DHARWAD -580028.
133. SMT.SHILPA W/O. SHIVLINGAPPA CHAVALAGI,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O. BEHIND GOVERNMENT SCHOOL NO.6,
7TH CROSS, KAMARIPETH HUBBALLI,
DISTRICT: DHARWAD-580020.
134. SMT. SUSHEELABAI W/O. JAYANTILAL JAIN,
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O. AKKIHONDA HUBBALLI,
DISTRICT: DHARWAD -580028.
135. SRI. SHARAD MOMAYA S/O. HEMRAJ MOMAYA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. NO.68, ARIHANT SOCIETY,
KUSUGAL ROAD, KESHAWAPUR, HUBBALLI-580023.
136. SMT.CHANDRAKANTSA S/O. DEVADASA BADDI,
AGE: MAJOR, OCC: BUSINESS, R/O. GANESH PETH,
WADDAR ONI, HUBBALLI, DISTRICT: DHARWAD -580020.
137. SRI. RATNAMALA W/O. DEVADASA BADDI,
AGE: MAJOR, OCC: BUSINESS, R/O. GANESH PETH,
WADDAR ONI, HUBBALLI, DISTRICT: DHARWAD-580020.
138. SRI. MAHESH S/O. DEVADASA BADDI,
AGE: MAJOR, OCC: BUSINESS,
R/O. GANESH PETH, WADDAR ONI, HUBBALLI,
DISTRICT: DHARWAD -580020.
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139. SHANTOSHKUMAR S/O. JUGARAJ JAIN URF SOLANKI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O. HINDUPOOR, DIST: ANANTAPOOR,
STATE: ANDHRA PRADESH-515001.
140. SRI. SHANKARSA S/O. BHIMASA HABIB,
AGE: MAJOR, OCC: BUSINESS,
R/O. VIJAYNAGAR, HUBBALLI,
DISTRICT: DHARWAD -580032.
SRI. RAMESH BABUTMALLAGI KOTHARI,
SINCE DECEASED BY HIS LR's.,
141. SMT. PISTADEVI W/O. RAMESH KOTARI,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O: ARIHANT NAGAR, MAN MANDIR APARTMENT,
KESHWAPUR, HUBBALLI-580023,
NOW R/O C-403/404, LAXMI VILAS SOCIETY,
MUKKUND NAGAR, PUNE-411037,
STATE OF MAHARASTRA.
144. JEETU S/O. RAMESH KOTARI,
AGE: 30 YEARS, OCC: BUSINESS,
R/O: ARIHANT NAGAR, MAN MANDIR APARTMENT,
KESHWAPUR, HUBBALLI-580023.
NOW R/O. C-403/404, LAXMI VILAS SOCEITY,
MUKKUND NAGAR, PUNE-411037,
STATE OF MAHARASTRA.
145. SRI. DEEPESH S/O. RAMESH KOTARI,
AGE : 28 YEARS, OCC: BUSINESS,
R/O: ARIHANT NAGAR, MAN MANDIR APARTMENT,
KESHWAPUR, HUBBALLI-580023,
NOW R/O C-403/404, LAXMI VILAS SOCIETY,
MUKKUND NAGAR, PUNE-411037, STATE OF MAHARASTRA.
144. SRI. NEETU S/O. RAMESH KOTARI,
AGE: 25 YEARS, OCC: BUSINESS,
R/O: ARIHANT NAGAR, MAN MANDIR APARTMENT,
KESHWAPUR, HUBBALLI-580023.
NOW R/O C-403/404, LAXMI VILAS SOCIETY,
MUKKUND NAGAR, PUNE-411037,
STATE OF MAHARASTRA.
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145. SRI. KASHINATH RAMAKRISHNA CHATNI,
AGE: 65 YEARS, OCC: BUSINESS,
R/O. H.NO. 55, ADARSHNAGAR, HUBBALLI,
DISTRICT: DHARWAD -580024.
146. SRI. GYNOBHA S/O. RAMAKRISHNASA CHATNI,
AGE: 61 YEARS, OCC: BUSINESS,
R/O. H.NO. 55, ADARSHNAGAR, HUBBALLI,
DISTRICT: DHARWAD-580024.
147. SRI. JAGANNATH S/O. RAMAKRISHNA CHATNI
AGE: 63 YEARS, OCC: BUSINESS,
R/O. H.NO. 55, ADARSHNAGAR, HUBBALLI,
DISTRICT: DHARWAD -580024.
148. SRI. AMARNATH RAMAKRISHNSA CHATNI,
AGE: 56 YEARS, OCC: BUSINESS, R/O. HOUSE NO.55,
ADARSH NAGAR, HUBBALLI-580020.
149. SRI. JALIL AHMAED S/O. ABDULRAJAK ATHONI,
AGE: MAJOR, OCC: BUSINESS,
R/O. TABIBLAND, 2ND CROSS NEAR MASJID,
HUBBALLI, DISTRICT: DHARWAD -580020.
150. SRI. IJAJ AHAMMED S/O. ABDULRAJAK ATHONI,
AGE: MAJOR, OCC: BUSINESS, R/O. TABIB LAND,
2ND CROSS NEAR MASJID, HUBBALLI,
DISTRICT: DHARWAD -580020.
151. SRI. RAJU S/O. ISMAIL BEG & PYAROJABEGAM
W/O. RAJU BEG, AGE: MAJOR, OCC: AGRICULTURE,
R/O. MANATH BANGALO REDIRESE KICHEN,
HANUMAN NAGAR, BELAGAVI-590001.
152. SMT. FAIROJABEGAUM W/O. RAJU,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: MANANT BANGLO, NEAR RIDDIS KICHEN,
HANUMAN NAGAR, BELAGAVI.
153. MOHAMMED HUSMAN S/O. ABDULREHEMAN MANIYAR,
OCC: BUSINESS, R/O: KESHWAPUR, AZAD COLONY,
HUBBALLI.
154. SRI. SYANTU S/O. UPENDRNATH DULAI,
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AGE: 45 YEARS, OCC: BUSINESS,
R/O. REVENUE COLONY, NEAR LIONS SCHOOL,
HUBBALLI, DISTRICT: DHARWAD -580023.
155. SMT. SAMPA W/O. SYANTU DULAI,
AGE: 39 YEARS, OCC: BUSINESS,
R/O. REVENUE COLONY, NEAR LIONS SCHOOL,
HUBBALLI, DISTRICT: DHARWAD -580023.
156. SMT.MAHAMUDBEGAM W/O. KALILAHAMED ATHONI,
AGE: 71 YEARS, OCC: HOUSEHOLD WORK,
R/O. TABIB LAND, 2ND CROSS NEAR MASJID,
HUBBALLI, DISTRICT: DHARWAD -580020.
157. SRI. JAHIRAHAMMED S/O. KALILAHAMMED ATHONI,
AGE: 71 YEARS, OCC: HOUSEHOLD WORK,
R/O. TABIBLAND, 2ND CROSS NEAR MASJID,
HUBBALLI, DISTRICT: DHARWAD -580020.
- RESPONDENTS
(BY SRI. AMRUTH V.JOIS, ADVOCATE FOR R1 AND R2;
SRI. RAJASHEKHAR B.HALLI, ADVOCATE FOR R129 AND R130;
SRI. PRAKASH K.JAWALKAR, ADVOCATE FOR
R3 TO R8 IS APPEARED THROUGH VC
(VAKALATH FILED IN COURT ON 27.10.2025);
SERVICE OF NOTICE TO R9 TO R128 AND R132 TO
R157 ARE DISPENSED WITH V.O.DATED 02.05.2025;
VIDE ORDER DATED 22.07.2025,
BRINGING LR's OF DECEASED R131 IS DISPENSED WITH)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
READ WITH ORDER 41 RULE 1 OF CPC PRAYING TO SET ASIDE THE
ORDER DATED 30.09.2024 PASSED BY THE LEARNED II ADDL. SENIOR
CIVIL JUDGE AND JMFC, HUBBALLI ON IA NO.LV IN O.S. NO.
259/2013 & ETC.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS 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
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RFA No. 100196 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
This regular first appeal is filed by the plaintiffs in O.S.
No. 259/2013, aggrieved of the impugned order dated
30.09.2024 passed by the learned Second Addl. Sr. Civil
Judge & JMFC, Hubballi (for short, the 'trial Court').
2. For the sake of convenience the parties shall be
addressed in terms of their ranking before the trial Court.
3. The suit is filed by two female members of the Hindu
Joint Family seeking declaration of their shares, partition
and separate possession of the suit schedule properties.
Defendants No. 113 and 114 filed application in I.A. No. LV
under Order 7 Rule 11 r/w Sec. 151 of CPC seeking
rejection of the plaint as against the said defendants, on the
ground that the plaintiffs have admitted in the plaint that
item no. 9 (Schedule-E) bearing Sy. No.31, (new Sy.
No.31/1 and 32/2B) were sold to the said defendants in the
year 1998 and 2001, long before the amendment was
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brought to Sec. 6 of the Hindu Succession Act. It is
contended by defendants No.113 and 114 that having
regard to the proviso to Sub Sec.(1) of Sec. 6, the
amendment shall not affect or invalidate any disposition or
alienation which had taken place before the 20th Day of
December, 2004, the plaintiffs cannot seek partition of the
said items of property as against defendants No.113 and
114 and therefore the application rejecting the plaint as
against the defendants No.113 and 114 in respect of the
said items of the suit schedule property should be allowed.
Accordingly the application was allowed, rejecting the plaint
as against defendants No. 113 and 114. Aggrieved of the
same the plaintiffs are before this Court.
4. Learned counsel for the defendants No. 113 and 114,
firstly contended that the appeal is not maintainable in view
of the fact that there is no decree as such passed by the
trial Court, even if the plaint is rejected as against
defendants No.113 and 114 and the suit admittedly
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continues insofar as the other defendants are concerned
and therefore an appeal is not maintainable.
5. Per contra, learned counsel for the appellant/plaintiffs
has placed reliance on the following judgments of the
Hon'ble Supreme Court.
Rejection of plaint amounts to decree u/s 2(2)
of CPC
1) Sayyed Ayaz Ali Vs. Prakash G.Goyal And Others -
(2021) 7 SCC 456;
2) S.Satnam Singh And Others vs. SurenderKaur and
Another - (2009) 2 SCC 562;
Rejection of Plaint in Part is not permissible
U/O 7 Rule 11 CPC
3) Geetha, D/o Late Krishna & Ors Vs. Nanjundaswamy
and others - 2023 SCC Online SC 1407;
4) Madhav Prasad Aggarwal & Anr Vs. Axis Bank
Limited And Anr - (2019) 7 SCC 158;
5) Sejal Glass Limited Vs. Navilan Merchants Private
Limited - (2018) 11 SCC 780;
Reg.rejection of plaint u/o 7 Rule
11(d),tenability
6) Chhotanben & Anr Vs. Kirtibhai Lalkrushnabhai
Thakkar & Others - (2018) 6 SCC 422
6. It is contended by the learned counsel that the Hon'ble
Supreme Court has reiterated the position of law insofar as
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the partial rejection of the suit or plaint and it has been
clearly held that there cannot be a partial rejection of the
plaint be it against all the defendants or only some of the
defendants. It is pointed out that in many of these cases
which have been decided by the Hon'ble Supreme Court,
either an appeal is filed by the aggrieved plaintiffs or writ
petition is filed under Article 226 and 227 of the
Constitution of India. However the decision of the Hon'ble
Supreme Court is very clear that such an order cannot be
passed by the Court rejecting the plaint partially.
7. We have heard the learned counsel for the appellant/
plaintiffs, learned counsel for respondents No. 129 and 130,
learned counsel for respondents No. 3 to 8 and perused the
appeal memo.
8. Insofar as the preliminary objection raised at the
hands of the learned counsel for respondents No.129 and
130, we find that in the case of Syed Ayaaz Ali (supra), it
was held that having regard to the definition of the term
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"decree" in Sec. 2(2) which includes rejection of a plaint,
the order of the trial Court rejecting the plaint is subject to
a first appeal under Section 96 of CPC. The Writ Petition
filed by the plaintiffs was liable to be rejected on that
ground itself. The Hon'ble Supreme Court affirmed the
judgment of the High Court rejecting the Writ Petition,
though for the above reason the Apex Court left it open to
the plaintiff/ appellants to pursue the remedy available in
law. Having regard to the said decision, the objection
raised by the learned counsel for respondents No. 129 and
130 regarding the maintainability of the appeal is heard and
rejected.
9. It is noticeable that in all these judgments what has
been notably cited is the judgment of the Apex Court in the
case of Sejal Glass Ltd. Vs. Navilan Merchants (P) Ltd.
(supra). That was the case where an application was filed
under Order 7 Rule 11 CPC seeking rejection of the plaint as
against the defendants No.2 to 4 who are Directors of
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defendant No.1 Company, on the ground that the plaint
does not disclose any cause of action against the Directors
of the Company. However, the Apex Court held that "what
is important to remember is that the provision contained in
Order 7 Rule 11 refers to "plaint" which necessarily means
the plaint as a whole. It is not only where the plaint as a
whole does not disclose a cause of action that Order 7 Rule
11 springs into being and interdicts a suit from proceeding".
10. The Hon'ble Supreme Court noticed several judgments
of the High Court of Punjab & Haryana, High Court of
Madras, etc. in the case of Bansi Lal Vs. Som Prakash
(AIR 1952 PUNJAB 38) and Venkata Rangaiah Appa
Rao Vs. Secy. of State (1930 SCC OnLine Madras 123)
where the question as to whether there can be a partial
rejection of the plaint was considered. It was noticed that
the High Courts had held that there cannot be partial
rejection of the plaint on whatsoever ground including the
fact that plaintiff had chosen to combine in one suit several
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causes of action against several defendants which the law
allows. Nevertheless the opinion consistently held that the
plain meaning of the provision contained in Order 7 Rule 11
CPC seems to be that if any of the defects mentioned
therein if found to exist in any case, the plaint shall be
rejected as a whole and it cannot be rejected partially. It
was also held that if only portion of the plaint as opposed to
the plaint as a whole is to be struck out, Order 6 Rule 16
CPC would apply. However, it was noticed that there was
no plea or averment to the effect that as against the
Directors, pleadings should be struck out on the ground that
they are unnecessary, scandalous, frivolous, vexatious or
that they may otherwise tend to prejudice, embarrass or
delay the fair trial of the suit or that it is otherwise an abuse
of the process of the Court. It was also noticed that Rule 2
of Order 14 provides that "notwithstanding that a case may
be disposed of on a preliminary issue, the Court shall,
subject to the provisions of Sub-Rule (2), pronounce the
judgment on all the issues". On the other hand, "where
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issues both on law and on facts arise in the same suit, and
the Court is of the opinion that the case or any part thereof
may be disposed of on an issue of law only, it may try that
issue first if that issue relates to (a) the jurisdiction of the
Court, or (b) a bar to the suit by any law for the time being
in force, and for that purpose the Court may, if it thinks fit,
postpone the settlement of the other issues until after that
issue has been determined, and may deal with the suit in
accordance with the decision on that issue". It was
therefore held that, obviously, this provision would apply
after issues are struck, i.e. after a written statement is filed.
This provision again cannot come to the rescue of the
respondent/ defendants and therefore the Apex Court
answered the question as to whether there can be a partial
rejection of the plaint under Order 7 Rule 11 CPC while
concluding that there cannot be a partial rejection of the
plaint.
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11. Learned counsel for the appellant/plaintiffs has also
drawn attention of this court to the impugned order where
the trial Court has gone into the question of limitation. In
that regard our attention is also drawn to another decision
of the Apex Court in the case of Chhottaben & Another
(supra) where the view of the trial Court was confirmed by
the Apex Court that the issue regarding the suit being
barred by limitation is a triable issue and for which reason
the plaint cannot be rejected at the threshold in exercise of
power under Order 7 Rule 11(d) CPC.
12. Having regard to the catena of decisions where the
consistent view is that a plaint cannot be rejected partially
whether against all the defendants or against some of the
defendants is the view that is applicable to the facts and
circumstances of the present case. The defendants No.113
and 114 have not sought for striking of a portion of the
plaint and on the other hand what is sought is rejection of
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the plaint under Order 7 Rule 11(d) of CPC. Consequently,
we proceed to pass the following order:
ORDER
(i) The appeal is allowed;
(ii) The impugned order dated 30.09.2024 passed in
I.A. No. LV in O.S. No. 259/2013, on the file of
the learned Second Addl. Sr. Civil Judge & JMFC,
Hubballi, is hereby quashed and set aside;
(iii) Consequently, I.A. No. LV filed by defendants
No. 113 and 114 stands rejected;
(iv) All contentions are kept open.
Ordered accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
BVV
Ct:vh
