Kishor Kumar S/O Pundalik Rao Sarwade vs Mahaboobsab S/O Abdulkarimasab Siddi
2025 Latest Caselaw 8452 Kant

Karnataka High Court

Kishor Kumar S/O Pundalik Rao Sarwade vs Mahaboobsab S/O Abdulkarimasab Siddi on 16 September, 2025

Author: S.R. Krishna Kumar

Bench: S.R. Krishna Kumar

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                                                          RFA No. 100288 of 2025


                   HC-KAR




                   IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                        DATED THIS THE 16TH DAY OF SEPTEMBER 2025
                                           PRESENT
                    THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
                                              AND
                          THE HON'BLE MR. JUSTICE C.M. POONACHA
                        REGULAR FIRST APPEAL NO. 100288 OF 2025
                                          (PAR/POS)


                   BETWEEN:

                   1.     KISHOR KUMAR,
                          S/O. PUNDALIK RAO SARWADE,
                          AGE: 53 YEARS OCC: BUSINESS,
                          R/O: H. NO. 399K/3 SAVITA MAHARSHI CIRCLE,
                          GANDIMADI ROAD AT GADAG - 582 103,
                          TQ / DIST: GADAG.

                   2.     SUVARNA, W/O. RACHAPPA NALAWAD,
                          AGE: 61 YEARS OCC: HOMEMAKER,
                          R/O: NEAR VIJAY NAGAR SCHOOL,
Digitally signed
by SAMREEN                AT GADAG - 582 103,
AYUB
DESHNUR                   TQ / DIST: GADAG.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD            3.     HONNURSAB, S/O. ABDULSAB MARANABASARI,
BENCH
                          AGE: 47 YEARS, OCC: BUSINESS,
                          R/O: #113, ASHRAY COLONY, GADAG-582 103,
                          TQ / DIST: GADAG.

                   4.     NAGARAJ, S/O. DATTATRAYA VERNEKAR,
                          AGE: 55 YEARS, OCC: BUSINESS,
                          R/O: OPP TO SBI ATM, K.C. RANI ROAD,
                          GADAG - 582 103,
                          TQ / DIST: GADAG.
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                                     RFA No. 100288 of 2025


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5.   SUMITRA, W/O. DATTATRAYA VERNEKAR,
     AGE: 76 YEARS OCC: HOMEMAKER,
     R/O: NEAR VIJAY NAGAR SCHOOL,
     AT GADAG - 582 103,
     TQ / DIST: GADAG.

6.   GANAPATASA, S/O. YALLOSA HABIB,
     AGE: 37 YEARS, OCC: BUSINESS,
     R/O: #159/1-2-3 PLOT NO. 11,
     NEAR CAMBRIDGE SCHOOL, ADARSH NAGAR,
     GADAG - 582 103,
     TQ / DIST: GADAG.

7.   PRABHAKAR, S/O VITHALASA BADI,
     AGE: 67 YEARS OCC: RTD PERSON,
     R/O: H. NO. 399K/36 SAVITA MAHASHE CIRCLE,
     GANDIMADI ROAD, GADAG - 582 103,
     TQ / DIST: GADAG.

8.   ARAVINDASA, S/O. SUBBANASA BAKALE,
     AGE: 52 YEARS OCC: BUSINESS,
     R/O: H. NO.227/1, BANKAR'S COLONY,
     GADAG - 582 103,
     TQ / DIST: GADAG.

9.   BHIMAJI, S/O RAMACHANDRA KULAKARNI,
     AGE: 81 YEARS, OCC: BUSINESS,
     R/O: ANAND NAGAR, HUDCO COLONY SOUTH,
     GADAG - 582 103,
     TQ / DIST: GADAG.

10. NASIMABANU,
     W/O. NAZEERAHAMMAD LAKKUNDI,
     AGE: 56 YEARS OCC: HOMEMAKER,
     R/O: GANDIMADI ROAD,
     AT GADAG - 582 103,
     TQ / DIST: GADAG.
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11. SHIDDAPPA, S/O. MAHANTAPPA METI,
    AGE: 52 YEARS OCC: SERVICE,
    R/O: POLICE QUATORS,
    MALALSAMUDRA - 582 103,
    TQ / DIST: GADAG.

12. KAMALAKHAN, S/O. YASEENAKAHAN PATHAN,
    AGE: 64 YEARS OCC: BUSINESS,
    R/O: KATAGAR ONI, JAVALI BAZAR,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

13. ISHWARAPPA,
    S/O. BASAVANNEPPA MENASAGI,
    AGE: 68 YEARS OCC: BUSINESS,
    R/O: VIJAY NAGAR, AT GADAG - 582 103,
    TQ / DIST: GADAG.

14. ASHOK, S/O. ADIVEPPA KUMBAR,
    AGE: 68 YEARS, OCC: BUSINESS,
    R/O: BASAVA NILAYA, VIJAY NAGAR,
    GANGIMADI ROAD, AT GADAG - 582 103,
    TQ / DIST: GADAG.

15. GEETA, W/O. VEERUPAXAPPA NEELAGUND,
    AGE: 46 YEARS, OCC: HOMEMAKER,
    R/O: 2ND CROSS, HUDCO COLONY,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

16. NAGAPPA, S/O. MAHANTAPPA NEELAGAR,
    AGE: 73 YEARS, OCC: BUSINESS,
    R/O: VIJAY NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

17. SAYYAD MURTUZA,
    S/O. MAHAMMADAGOUS KHAZI,
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                                      RFA No. 100288 of 2025


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    AGE: 33 YEARS OCC: BUSINESS,
    R/O: NEAR VIJAY NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

18. BASHEERAMMAD, S/O. ABDULKHADAR BEPARI,
    AGE: 57 YEARS OCC: BUSINESS,
    R/O: #399K/43, NEAR VIJAY NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

19. KASHAVVA, W/O. SHIVAKAUMAR MUGANUR,
    AGE: 47 YEARS OCC: TEACHER,
    R/O: #399K/44, NEAR VIJYA NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

20. MODINASAB, S/O. MUKTUMASAB BHAVIKATTI,
    AGE: 68 YEARS, OCC: BUSINESS,
    R/O: #399K/45, NEAR VIJAY NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

21. JAIBUNNISA, W/O. MODINASAB BHAVIKATTI,
    AGE: 64 YEARS OCC: HOMEMAKER,
    R/O: #399K/45, NEAR VIJAY NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

22. ARJUNSA, S/O. NARAYASA BAKALE,
    AGE: 58 YEARS OCC: BUSINESS,
    R/O: NEAR LAXMI TEMPLE, MASARI,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

23. RAVEENDRA, S/O. DATTATRAYA VERNEKAR,
    AGE: 54 YEARS, OCC: BUSINESS,
    R/O: OPP TO SBI ATM, K.C. RANI ROAD,
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    AT GADAG - 582 103,
    TQ / DIST: GADAG.

24. LADASAHED, S/O. RAHIMANASAHEB ITAGI,
    AGE: 68 YEARS OCC: BUSINESS,
    R/O: #399K/56 NEAR VIJYA NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

25. NAGESH, S/O. RAMAKRISHANASA HABEEB,
    AGE: 47 YEARS OCC: BUSINESS,
    R/O: NEAR ALUR GURAPPAN COMPOUND,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

26. AMBALALASA,
    S/O. RAMAKRISHANASA HABEEB,
    AGE: 43 YEARS OCC: BUSINESS,
    R/O: NEAR ALUR GURAPPAN COMPOUND,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

27. REYAZUDDIN,
    S/O. RAJAHUSAISAHED MORAB,
    AGE: 75 YEARS, OCC: BUSINESS,
    R/O: # 399K/58 NEAR VIJAY NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

28. NAZAMABEGUM, W/O. KAMALAKHAN PATHAN,
    AGE: 49 YEARS, OCC: HOMEMAKER,
    R/O: KATAGAR ONI, JAVALI BAZAR,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

29. MAHAMMAD SADIK S/O. ABDULVAHAB HANAGI,
    AGE: 40 YEARS OCC: BUSINESS,
    R/O: #102 BEHIND VIJYA NAGAR SCHOOL,
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    AT GADAG - 582 103,
    TQ / DIST: GADAG.

30. FIROZA, S/O. RAIMASAB HONAWAD,
    AGE: 40 YEARS OCC: BUSINESS,
    R/O: #399K/64 NEAR VIJYA NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

31. RAMACHANDRA, S/O. PALAXAPPA KOPARDE,
    AGE: 40 YEARS OCC: BUSINESS,
    R/O: NEAR RING ROAD, GANGIMADI ROAD,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

32. VENKATESH, S/O PALAXAPPA KOPARDE,
    AGE: 54 YEARS OCC: BUSINESS,
    R/O: NEAR RING ROAD, GANGIMADI ROAD,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

33. RIZWAN AHAMMAD,
    S/O. MAHAMMADARAFIQ MURADAKHAN,
    AGE: 38 YEARS OCC: PVT JOB,
    R/O: # 796 RAMALINGESHWAR NAGAR,
    GOKUL ROAD AT HUBBALLI - 580 030,
    TQ: HUBBALLI, DIST: DHARWAD.

34. MAZAHARHUSAIN, S/O. MADARASAB MULLA,
    AGE: 49 YEARS, OCC: BUSINESS,
    R/O: MAKANA GALLI, AT GADAG - 582 103,
    TQ / DIST: GADAG.

35. SHANKRAPPA,
    S/O. FAKKIRAPPA SOMASAGAR,
    AGE: 52 YEARS, OCC: SERVICE,
    R/O: #399K/27 NEAR VIJYA NAGAR SCHOOL,
    AT GADAG - 582 103,
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    TQ / DIST: GADAG.

36. SHAKILABANU,
    D/O. MAHAMMADALSMAIL PATIL,
    AGE: 54 YEARS, OCC: HOMEMAKER,
    R/O: #399K/51/B NEAR VIJYA NAGAR SCHOOL,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

37. DEVAKKA, W/O. RUDRAPPA
    VENKATAPUR @ LAKKANNAVAR,
    AGE: 59 YEARS, OCC: HOMEMAKER,
    R/O: GANGAPUR PETH,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

38. SHANMUKHA, S/O. RUDRAPPA
    VENKATAPUR @ LAKKANNAVAR,
    AGE: 28 YEARS, OCC: PVT JOB,
    R/O: GANGAPUR PETH,
    AT GADAG - 582 103,
    TQ / DIST: GADAG.

39. MUKTUMSAB, S/O. HUSAINSAB ITAGI,
    AGE: 61 YEARS, OCC: RTD PERSON,
    R/O: NEAR SAVITA MAHARSHI CIRCLE,
    GANDIMADI ROAD, AT GADAG - 582 103,
    TQ / DIST: GADAG.

40. KASHIMALI, S/O. KASHIMASAB GANDKUDARI,
    AGE: 47 YEARS OCC: SERVICE,
    R/O: NEAR SAVITA MAHARSHI CIRCLE,
    GANDIMADI ROAD, AT GADAG - 582 103,
    TQ / DIST: GADAG.

41. SHANKAR, S/O. SUBBANASA BAKALE,
    AGE: 42 YEARS, OCC: BUSINESS,
    R/O: BANKARA'S COLONY, MULAGUND ROAD,
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     AT GADAG - 582 103,
     TQ / DIST: GADAG.

42. NAGENDRASA, S/O. SUBBANASA BAKALE,
     AGE: 45 YEARS OCC: BUSINESS,
     R/O: BANKARA'S COLONY,
     MULAGUND ROAD,
     AT GADAG - 582 103,
     TQ / DIST: GADAG.

43. SHANKAR, S/O. YALLAPPA BENAGI,
     AGE: 60 YEARS, OCC: SERVICE,
     R/O: JAVALI GALLI, AT GADAG - 582 103,
     TQ / DIST: GADAG.

44. VIJAYALAXMI,
     W/O. YALLAPPAGOUDA HUILAGOL,
     AGE: 54 YEARS, OCC: SERVICE,
     R/O: 399K/54, NEAR VIJAYA NAGAR SCHOOL,
     AT GADAG - 582 103,
     TQ / DIST: GADAG.

45. RAFIQ, S/O. BASHASAB MULLA,
     AGE: 48 YEARS, OCC: PVT WORK,
     R/O: 399K/61, NEAR VIJAYA NAGAR SCHOOL,
     AT GADAG - 582 103,
     TQ / DIST: GADAG.
                                              ...APPELLANTS
(BY SRI. CHANNABASAVARAJ S.SHETTAR, ADVOCATE)

AND:

1.   MAHABOOBSAB,
     S/O. ABDULKARIMASAB SIDDI,
     AGE: 62 YEARS, OCC: AGRICULTURE,
     R/O: BEHIND SRI VEERANARAYANA TEMPLE,
     AT GADAG - 582 103,
     TQ & DIST: GADAG.
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2.   MALLIKARJUNAPPA
     S/O. FAKKIRAPPA MALLADAD,
     AGE: 65 YEARS, OCC: BUSINESS,
     R/O: BEHIND SRI VEERANARAYANA TEMPLE,
     AT GADAG - 582 103,
     TQ & DIST: GADAG.

3.   VINAYAK, S/O. TEJAPPAGOUDA PATIL,
     AGE: 44 YEARS, OCC: AGRICULTURE,
     R/O: 2ND CROSS PANCHAXARI NAGAR,
     GADAG - 582 103,
     TQ & DIST: GADAG.

4.   SANTOSH, S/O. MAHESHCHANDRA KABADAR,
     AGE: 33 YEARS, OCC: AGRICULTURE,
     R/O: SARAF BAZAR, KARUGALLI ONI,
     GADAG - 582 103,
     TQ & DIST: GADAG.
                                    ...RESPONDENTS


(BY SRI. DINESH M.KULKARNI, ADVOCATE FOR R1)
(NOTICE TO R2, R3 AND R4 ARE SERVED)


      THIS RFA IS FILED UNDER SECTION 96 READ WITH
ORDER 41 RULE 1    OF CPC    PRAYING TO ADMIT THE
APPEAL AND CALL FOR THE RECORDS AND ALLOW
APPEAL SETTING ASIDE THE JUDGMENT AND DECREE IN
OS   NO.444/2022   DATED    09.02.2024   PASSED   BY
LEARNED ADDITIONAL SENIOR CIVIL JUDGE, GADAG;
THEREBY DISMISS THE SUIT OF THE PLAINTIFFS.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                                 RFA No. 100288 of 2025


HC-KAR




CORAM:      THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
            AND
            THE HON'BLE MR. JUSTICE C.M. POONACHA

                ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)

This appeal is directed against the impugned

judgment and decree dated 09.02.2024 passed in

O.S.No.444/2022 by the Additional Senior Civil Judge,

Gadag, whereby the suit for partition and separate

possession filed by respondents No.1 and 2 against

respondents No.3 and 4 in relation to the suit schedule

immoveable property was decreed in favour of

respondents No.1 and 2 and against respondents No.3

and 4.

2. Along with the appeal, the appellants, who are

not parties to the suit or the impugned judgment and

decree, have filed I.A. No.3/2025 seeking

leave/permission to prefer and prosecute the present

appeal.

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3. Heard the learned counsel for the appellants

and the learned counsel for respondent No.1 and perused

the material on record.

4. Respondents No.2 to 4 have been served with

the notice of this appeal; however, they have chose to

remain unrepresented and have not contested the appeal.

5. A perusal of the material on record will

indicate that respondents No.1 and 2 filed the instant suit

inter alia contending that they jointly purchased the suit

schedule immoveable property along with respondents

No.3 and 4 (defendants No.1 and 2) vide registered sale

deed dated 12.04.2022 and since requests/demand made

by respondents No.1 and 2 to respondents No.3 and 4 to

effect partition and division of the suit schedule properties

were not complied with by respondents No.3 and 4

(defendants No.1 and 2), the plaintiffs instituted the

aforesaid suit for partition and separate possession of

their 1/4th share in the suit schedule immoveable

properties and for other reliefs.

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6. The defendants having entered appearance

admitted that they, along with the plaintiffs, had

purchased the suit schedule properties jointly, and

submitted that they had no objection for the suit to be

decreed and partition to be effected between the plaintiffs

and defendants No.1 and 2. Accordingly, the Trial Court

framed five issues which are as hereunder:

"1. Whether the plaintiffs prove that, the plaintiffs are the joint owner and in possession of the suit property?

2. Whether the plaintiffs are entitled 1/2th share in the suit schedule property?

3. Whether the defendant No.1 proves that, he is entitled ½ share in the suit schedule property?

4. Whether the plaintiffs are entitled for relief has claimed in the plaint?

5. What order or decree?"

7. Plaintiff No.1 examined himself as P.W.1, and

two documents were marked as Exs.P.1 to P.2 on behalf

of the plaintiffs. A copy of the sale deed was marked as

Ex.D.1 when confronted the P.W.1 during cross-

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examination by the defendants. Defendants did not

adduce any oral evidence. The Trial Court proceeded to

pass the impugned judgment and decree noticing that

there was no dispute between the parties as regards

purchasing of the suit schedule property jointly from their

vendor on 11.04.2022 vide Ex.D.1 and proceeded to pass

the decree for partition accordingly.

8. Aggrieved by the impugned judgment and

decree, the appellants are before this Court inter alia

contending that they had independent right, title, interest

and possession over the suit schedule property and that

the impugned judgment and decree having been passed

behind their back would affect their possessory and

proprietary rights over the suit schedule property and as

such it was necessary that the impugned judgment and

decree passed by the Trial Court be set aside and the

matter be remitted back to the Trial Court for

reconsideration afresh in accordance with law.

9. Per contra, learned counsel for respondent

No.1 submits that the suit schedule property claimed by

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the appellants is completely different than the property

purchased by respondents No.1 to 4 and as such, the

appellants do not have any locus standi either to put forth

a claim over the suit schedule property or to challenge

the judgment and decree which does not warrant any

interference by this Court in the present appeal which is

liable to be dismissed.

10. Though several contentions have been urged

by both sides in support of their respective claims

inasmuch as, while the appellants contend that they have

right, title and interest and possession over the suit

schedule property, the respondents contend that the

property claimed by the plaintiffs is different from the

property which was the subject matter of the impugned

judgment and decree, it is an undisputed fact borne out

from the material on record that the appellants, who

claim independent right, title, interest and possession

over the suit schedule property, are not parties to the suit

in O.S. No.444/2022 or the impugned judgment and

decree passed by the Trial Court.

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11. There is no gainsaying the fact that the

judgment and decree will not be binding upon a non-party

to the suit and it follows there from that the impugned

judgment and decree in relation to the suit schedule

property passed in favour of respondents No.1 to 4 would

clearly not be binding upon the appellants herein

particularly when they claim independent right, title,

interest and possession over the suit schedule property.

12. Under these circumstances, without

expressing any opinion on the merits/demerits of the rival

contention as regards their respective claims, we deem it

just and appropriate to dispose of I.A. No.3/2025 as well

as the main appeal by holding that the suit in O.S.

No.444/2022 as well as the impugned judgment and

decree would not be binding upon the appellants nor

affect their alleged right, title, interest or possession over

the property claimed by them, and by reserving liberty in

favour of the appellants to take recourse to such other

remedies as available in law.

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13. In the result, we pass the following:

ORDER

i) The appeal stands disposed off without interfering with the impugned judgment and decree;

ii) It is made clear that the impugned judgment and decree shall not be binding upon the appellants nor affect the right, title, interest and possession over the properties claimed by the appellants;

iii) In view of disposal of the appeal, I.A. No.3/2025 also does not survive and the same is accordingly disposed of;

iv) Liberty is reserved in favour of the appellants to take recourse to such other remedies as available in law ;

v) All rival contentions between the appellants and the respondents on all aspects of the mater in relation to the property claimed by all/any of them are kept open and no opinion is expressed on the same.

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vi) Subject to the aforesaid directions and liberty reserved in favour of the appellants, this appeal stands disposed off.

Pending interlocutory applications, if any, do not

survive for consideration and are disposed off accordingly.

Sd/-

(S.R. KRISHNA KUMAR) JUDGE

Sd/-

(C.M. POONACHA) JUDGE

KMS Ct:vh