Karnataka High Court
Shri Krishna S/O Maruti Patil vs Sou. Sunita W/O Bajirao Desai on 17 September, 2025
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2025:KHC-D:12358-DB
RFA No. 100015 of 2023
C/W RFA.CROB No. 100014 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH 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. 100015 OF 2023 (PAR/POS-)
C/W
RFA CROSS OBJ NO. 100014 OF 2025
IN RFA NO. 100015 OF 2023 (PAR/POS-)
BETWEEN:
SHRI KRISHNA S/O. MARUTI PATIL,
AGE: 41 YEARS,
OCC: AGRICULTURE AND HOTEL BUSINESS,
R/O. HOUSE NO.932, SHIVAJI NAGAR,
MUTAGA, TQ AND DIST: BELAGAVI-591124.
...APPELLANT
(BY SRI. Y.K. DIVATE, ADVOCATE)
YASHAVANT
NARAYANKAR
AND:
Digitally signed by
YASHAVANT
NARAYANKAR
Location: HIGH COURT
1. SOU. SUNITA W/O. BAJIRAO DESAI,
OF KARNATAKA
DHARWAD BENCH
DHARWAD AGE: 41 YEARS, OCC: HOUSEWIFE,
R/O. C/O. BAJIRAO S/O. VITHAL DESAI,
AT. JAMBUL WADI, TQ: GADHINGALAJ,
DIST: KOLHAPUR-568 030.
2. SHRI MARUTI S/O. MAHADEV PATIL,
AGE: 73 YEARS, OCC: NIL,
R/O. MUTAGA, TQ & DIST: BELAGAVI-591124.
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3. SMT. LAXMI W/O. MARUTI PATIL,
AGE: 65 YEARS, OCC: HOUSEHOLD,
R/O. MUTAGA, TQ & DIST: BELAGAVI-591124.
4. SHRI BHAURAO S/O. MARUTI PATIL,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
5. SMT. SANJANA @ MEENA W/O. SANDESH PATIL,
AGE: 38 YEARS, OCC: HOUSEHOLD,
NOW R/O. 5TH CROSS, SHASTRI NAGAR,
BELAGAVI, TQ & DIST: BELAGAVI-590016.
6. SHRI YALLAPPA S/O. MAHADEV PATIL,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ & DIST: BELAGAVI-591124.
7. SHRI JAYAWANT S/O. MAHADEV PATIL,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. MARUTI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
8. SHRI BHAVAKANA S/O. BHAIRU PATIL,
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
9. SHRI BALARAM S/O. BHAIRU PATIL,
AGE: 68 YEARS, OCC: BUSINESS,
R/O. MUTAGA, TQ & DIST: BELAGAVI-591124.
NOW R/O. R.S. NO.297, NEW GOODSHED ROAD,
NEAR NARTHAKI TALKIES,
OLD P.B. ROAD, BELAGAVI,
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RFA No. 100015 of 2023
C/W RFA.CROB No. 100014 of 2025
HC-KAR
TAL & DIST: BELAGAVI-590016.
10. SHRI ASHOK S/O. BHAIRU PATIL,
AGE: 57 YEARS, OCC: SERVICE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ & DIST: BELAGAVI-591124.
11. SHRI TANAJI S/O. BHAIRU PATIL,
AGE: 55 YEARS, OCC: PVT. SERVICE,
R/O. MAIN ROAD, MUTAGA,
TQ & DIST: BELAGAVI-591124.
12. SHRI SAMBHAJI S/O. BHAIRU PATIL,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
13. SHRI NARAYAN S/O. HANMANT PATIL,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
14. SHRI GANAPATI S/O. HANAMANTH PATIL,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
15. SHRI MITHUN S/O. NARAYAN PATIL,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. MARUTI GALLI, MUTAGA,
TQ & DIST: BELAGAVI-591124.
16. SHRI ABHIJEET S/O. NARAYAN PATIL,
AGE: 30 YEARS, OCC: BUSINESS,
R/O. MARUTI GALLI, MUTAGA,
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RFA No. 100015 of 2023
C/W RFA.CROB No. 100014 of 2025
HC-KAR
TQ & DIST: BELAGAVI-591124.
17. SHRI SHIVAJI S/O. BHAIRU PATIL,
AGE: 71 YEARS, OCC: BUSINESS,
R/O. 5TH CROSS, SHASTRI NAGAR,
BELAGAVI, TAL & DIST: BELAGAVI-590002.
...RESPONDENTS
(BY SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R1;
SRI. R.M. HIREMATH AND
SRI. SUJEET S. HIREMATH, ADVOCATES FOR R2-R4;
NOTICE TO R5-R17 SERVED)
THIS RFA FILED UNDER SECTION 96 (1) READ WITH
ORDER 41 OF CPC., PRAYING TO SET-ASIDE THE JUDGMENT
AND DECREE DATED 14.06.2022 PASSED IN O.S.NO.59/2019 BY
THE COURT OF IV ADDITIONAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, AT BELAGAVI
AND THEREBY DISMISSED THE SUIT OF THE RESPONDENT NO.1
BY IMPOSING THE COST, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN RFA CROSS OBJ. NO. 100014/2025 (PAR/POS-)
BETWEEN:
1. SHRI MARUTI S/O. MAHADEV PATIL,
AGE: 76 YEARS, OCC: NIL,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
2. SMT. LAXMI W/O. MARUTI PATIL,
AGE: 68 YEARS, OCC: HOUSEWIFE,
R/O. MUTAGA,
TQ: DIST: BELAGAVI-591124.
3. SHRI BHAURAO S/O. MARUTI PATIL,
AGE: 36 YEARS, OCC: AGRICULTURE & BUSINESS,
R/O. SHIVAJI NAGAR, MUTAGA,
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RFA No. 100015 of 2023
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HC-KAR
TQ: DIST: BELAGAVI-591124.
...CROSS OBJECTORS
(BY SRI. R.M. HIREMATH &
SRI. SUJEET S. HIREMATH, ADVOCATES)
AND:
1. SHRI KRISHNA S/O. MARUTI PATIL,
AGE: 43 YEARS, OCC: BUSINESS,
R/O. H.NO.932, SHIVAJI NAGAR,
MUTAGA, TQ: DIST: BELAGAVI-591124.
2. SMT. SUNITA W/O. BAJIRAO DESAI,
AGE: 43 YEARS, OCC: HOUSEWIFE,
R/O. JAMBUL WADI, TQ: GADHINGALAJ,
DIST: KOLHAPUR-416502.
3. SMT. SANJANA @ MEENA
W/O. SANDESH PATIL,
AGE: 40 YEARS, OCC: HOUSEWIFE,
NOW AT R/O. 5TH CROSS, SHASTRI NAGAR,
BELAGAVI, TQ: DIST: BELAGAVI-590016.
4. SHRI YALLAPPA S/O. MAHADEV PATIL,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
5. SHRI JAYAVANT S/O. MAHADEV PATIL,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. MARUTI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
6. SHRI BHAVAKANNA S/O. BHAIRU PATIL,
AGE: 76 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI NAGAR, MUTAGA,
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RFA No. 100015 of 2023
C/W RFA.CROB No. 100014 of 2025
HC-KAR
TQ: DIST: BELAGAVI-591124.
7. SHRI BALIRAM S/O. BHAIRU PATIL,
AGE: 71 YEARS, OCC: BUSINESS,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
NOW R/O. R.S. NO.297, NEW GOODSHED ROAD,
NEAR NARTHAKI TALKIES,
OLD P.B. ROAD, BELAGAVI,
TAL & DIST: BELAGAVI-590016.
8. SHRI ASHOK S/O. BHAIRU PATIL,
AGE: 60 YEARS, OCC: SERVICE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
9. SHRI TANAJI S/O. BHAIRU PATIL,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. MAIN ROAD, MUTAGA,
TQ: DIST: BELAGAVI-591124.
10. SHRI SAMBHAJI S/O. BHAIRU PATIL,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
11. SHRI NARAYAN S/O. HANMANT PATIL,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
12. SHRI GANAPATI S/O. HANAMANTH PATIL,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O. SHIVAJI NAGAR, MUTAGA,
TQ: DIST: BELAGAVI-591124.
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RFA No. 100015 of 2023
C/W RFA.CROB No. 100014 of 2025
HC-KAR
13. SHRI MITHUN S/O. NARAYAN PATIL,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. MARUTI GALLI, MUTAGA,
TQ: DIST: BELAGAVI-591124.
14. SHRI ABHIJEET S/O. NARAYAN PATIL,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. MARUTI GALLI, MUTAGA,
TQ: DIST: BELAGAVI-591124.
15. SHRI SHIVAJI S/O. BHAIRU PATIL,
AGE: 74 YEARS, OCC: BUSINESS,
NOW AT R/O. 5TH CROSS, SHASTRI NAGAR,
BELAGAVI, TAL: DIST: BELAGAVI-590002.
...RESPONDENTS
THIS RFA.CROB IN RFA NO.100015/2025 IS FILED UNDER
ORDER 41 RULE 22 OF CPC PRAYING TO SET ASIDE PART OF
THE JUDGMENT AND DECREE DATED 14.06.2022 PASSED IN
O.S. NO.59/2019 BY IV ADDL. SENIOR CIVIL JUDGE AND JMFC
COURT BELAGAVI, DENYING PARTITION IN RESPECT OF ITEM
NOS.1 AND 2 PROPERTIES IN SUIT SCHEDULE-B WITH FINDING
THAT DEFENDANT NO.3 IS ABSOLUTE OWNER OF THOSE SUIT
PROPERTIES BY VIRTUE OF REGISTERED GIFT DEED AND
REMANDING THE MATTER TO TRIAL COURT WITH APPROPRIATE
DIRECTIONS TO ENSURE FAIR TRIAL EXTENDING OPPORTUNITY
TO ALL THE PARTIES, TO SUBMIT THEIR PLEADINGS AND
EVIDENCE AND ETC.
THIS APPEAL AND CROSS OBJECTION COMING ON FOR
ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
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RFA No. 100015 of 2023
C/W RFA.CROB No. 100014 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The RFA No.100015/2023 is filed by the appellant/
defendant No.3 calling in question the judgment and decree
dated 14.06.2022 passed in O.S.No.59/2019 by the IV-Additional
Senior Civil Judge & JMFC., Belagavi1, whereunder the suit for
partition and separate possession filed by the respondent
No.1/plaintiff has been decreed by the Trial Court.
2. For the sake of convenience, the parties shall be
referred to as per their rank before the Trial Court.
3. It is the case of the plaintiff that the propositus-
Mahadev Yallappa Patil and his wife Smt.Parvati Mahadev Patil
had three sons viz., Maruti (defendant No.1), Jaywant
(defendant No.7) and Yallappa (defendant No.6). The plaintiff is
the daughter of defendant No.1. Defendant No.2 is the wife of
defendant No.1 and defendant Nos.3 to 5 are the other siblings
of the plaintiff, being children of defendant Nos.1 and 2. That,
the propositus-Mahadev Yallappa Patil died in the year 2000 and
his wife Smt.Parvati Mahadev Patil died 16 years prior to filing
Hereinafter referred to as 'the Trial Court'
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C/W RFA.CROB No. 100014 of 2025
HC-KAR
the suit. It is further case of the plaintiff that the joint family
headed by the propositus owned agricultural lands, which have
been detailed in schedule-A as item Nos.1 to 12 and he also
owned house properties, which have been detailed as item Nos.1
to 3 of schedule-B to the plaint. The plaintiff has filed the suit for
partition and separate possession of the said joint family
properties.
3.1 The defendant Nos.1 to 3 and 5 entered appearance
in the suit and filed their written statement. Defendant No.6
appeared in the suit in person but did not contest the suit. In the
written statement filed by the defendant Nos.1 to 3 and 5, they
have admitted the relationship but have denied the case put
forth by the plaintiff that the suit schedule properties are the
joint family properties. Further, various contentions have been
taken in the written statement as to the mode and manner of
acquisition of the properties. It is further specifically contended
that the plaintiff has not impleaded all the family members in the
suit.
4. Based on the pleadings of the parties, the Trial Court
framed five issues.
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HC-KAR
5. The plaintiff examined herself as PW1 and marked
Exs.P1 to P19. The defendant No.3 examined himself as DW1
and got marked Exs.D1 to D12. Ex.D1 was marked through
confrontation to PW1. The Trial Court by its judgment and decree
dated 14.06.2022 decreed the suit and passed the following:
"ORDER
The suit of plaintiff is hereby partly decreed.
The plaintiff is entitled for the partition and
separate possession of 1/100th share in suit 'A'
property and 1/5th share in GPC 932 of suit 'B'
property.
However, the suit in respect of Sl. No. 1 & 2 of
suit 'B' property is hereby dismissed.
The branches of late. Yallappa Patil, i.e late.
Bhairu is allotted with 1/4th share, the second branch
late. Mahadev Patil with 1/4th share, the third branch
late. Hanmant with 1/4th share and fourth branch late.
Laxman with 1/4th share.
The plaintiff shall implead the daughters of late.
Bhairu by name Shanta and Sakubai, the daughters of
late. Mahadev by name Laxmi & Jeejabai, the daughters
of late. Hanmant by name Laxmi & Indu and daughter
of late. Laxman by name Masnakka, Bharata, Savita,
Avubai, Sarita, Kalpana & Reshma or their legal heirs as
the case may be in the final decree proceedings.
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HC-KAR
No order as to costs.
Draw preliminary decree accordingly."
6. Being aggrieved, the present appeal is filed by the
defendant No.3.
7. Along with the above appeal, the appellant/defendant
No.3 has, inter alia, filed I.A.No.1/2023 under Order XLI Rule 27
read with Section 151 of the Code of Civil Procedure, 19082 to
permit the appellant/defendant No.3 to produce true copies of
two unregistered sale deeds dated 26.08.2003 and 20.11.2003.
8. Heard the submissions of the learned counsel for the
appellant/defendant No.3, learned counsel for respondent
No.1/plaintiff and learned counsel for respondent Nos.2 to
4/defendant Nos.1, 2 and 4. On perusal of the material on
record, the following questions arise for our consideration:
(i) Whether I.A.No.1/2023 filed by the
appellant/defendant No.3 deserves to be
allowed?
(ii) Whether the impugned judgment and decree
passed by the Trial Court is liable to be
interfered with?
Hereinafter referred to as 'CPC'
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C/W RFA.CROB No. 100014 of 2025
HC-KAR
Reg. Question No.(i):
9. It is the contention of the learned counsel for the
appellant/defendant No.3 that the Trial Court has recorded a
finding that the appellant/defendant No.3 has not placed any
evidence to show the acquisition of the properties and he has not
specifically pleaded with regard to the same. In that context, the
learned counsel submits that along with I.A.No.1/2023 copies of
two unregistered sale deeds dated 26.08.2003 and 20.11.2003
have been filed and the mode and manner of acquisition of the
properties as averred by the appellant/defendant No.3 is sought
to be placed on record. Hence, the learned counsel for the
appellant/defendant No.3 seeks for allowing I.A.No.1/2023 and
remanding the matter to the Trial Court to enable the defendants
to produce adequate/appropriate evidence with regard to the
mode and manner of acquisition of the properties.
10. Learned counsel for the respondent No.1/plaintiff also
submits that since appellant/defendant No.3 has produced
additional documents vide I.A.No.1/2023 and since additional
evidence is sought to be adduced, the respondent No.1/plaintiff
has no objection for remand of the matter.
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11. Learned counsel for the respondent Nos.2 to
4/defendant Nos.1, 2 and 4 submits that the said defendant
Nos.1, 2 and 4 did not cross-examine either PW1 or DW1 and
they also did not adduce oral or documentary evidence. Hence,
he seeks for remand of the matter as also for an opportunity to
cross-examine PW1 and DW1 as well as lead oral and
documentary evidence. It is also submitted by the learned
counsel for the respondent Nos.2 to 4 that these respondents
have also filed the RFA Crob. No.100014/2025 and in the event if
the matter is remanded to the Trial Court and the opportunity as
sought for is granted, the cross-objection be disposed of as not
pressed.
12. Along with the above appeal, I.A.No.1/2023 is filed
by the appellant/defendant No.3 seeking leave of this Court to
produce two unregistered sale deeds dated 26.08.2003 and
20.11.2003. It is deposed by the appellant/defendant No.3 in the
affidavit filed in support of the application that the properties
mentioned in the unregistered sale deeds dated 26.08.2003 and
20.11.2003 were purchased by appellant/defendant No.3
pursuant to which his name was entered in the Gram Panchayat
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extracts as absolute owner. It is further deposed that he could
not produce the documents before the Trial Court and that he
has paid the stamp duty by producing the unregistered sale
deeds before the District Registrar, Belagavi and thereafter
produced the same vide the present application. It is further
deposed that he is in actual possession of the properties
purchased by him vide the sale deeds dated 26.08.2003 and
20.11.2003 and has constructed a house in the said property.
13. No objections have been filed to I.A.No.1/2023.
14. Having regard to the fact that the appellant/
defendant No.3 has filed I.A.No.1/2023 producing two
documents, as noticed above, and since the he is claiming right,
title and interest with respect to the suit properties through the
said documents, it is just and proper that the application be
allowed and the documents be taken on record. Hence, question
No.(i) is answered in the 'affirmative'.
Reg. Question No.(ii):
15. Although various contentions have been urged on the
merits of the matter, in view of the joint submissions made by
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the learned counsel for the parties, as noticed above, and since
I.A.No.1/2023 has been allowed, it is just and proper that the
appeal be allowed by setting aside the judgment and decree
passed by the Trial Court and the matter remanded back to the
Trial Court for fresh consideration in accordance with law.
Accordingly, question No.(ii) framed for consideration is
answered in the 'affirmative'.
16. Hence, the following:
ORDER
(i) I.A.No.1/2023 is allowed and the documents
produced along with the said application are
taken on record.
(ii) The RFA No.100015/2023 filed by the
appellant/defendant No.3 is allowed.
(iii) The judgment and decree dated 14.06.2022
passed in O.S.No.59/2019 by the IV-Additional
Senior Civil Judge & JMFC., Belagavi is hereby set
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aside and the matter is remanded back to the
Trial Court.
(iv) The appellant/defendant No.3, respondent
No.1/plaintiff and respondent Nos.2 to 4/
defendant Nos.1, 2 and 4 shall appear before the
Trial Court on 15.10.2025 without requirement of
any further notice, being issued in this regard.
(v) The parties are at liberty to file interlocutory
applications, if desired.
(vi) Consequent to the appearance of the parties, the
Trial Court shall permit the parties to adduce oral
and documentary evidence and to file appropriate
interlocutory applications, if any, which shall be
considered by the Trial Court in accordance with
law.
(vii) Registry shall transmit the Trial Court Records
together with the documents produced along with
I.A.No.1/2023 to the Trial Court, forthwith.
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(viii) Parties to co-operate with the Trial Court to
conduct further proceedings in the suit as
expeditiously as possible.
(ix) All contentions of the parties are kept open.
Sd/-
(S.R. KRISHNA KUMAR)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
YAN, CT-MCK
