Karnataka High Court
Shantavva vs Shankrappa S.O Gurappa Katagi Since ... on 23 September, 2025
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NC: 2025:KHC-D:13017
RFA No. 100249 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
REGULAR FIRST APPEAL NO. 100249 OF 2024 (PAR/POS-)
BETWEEN:
1. SHANTAVVA W/O BASAVARAJ HANCHINAL,
AGE 61 YEARS, OCC. HOUSEHOLD WORK,
R/O. AMARGOL, TQ. HUBBALLI-580030.
...APPELLANT
(BY SRI. SANTOSH B. MALLIGAWAD, ADV)
AND:
SHANKRAPPA S/O GURAPPA KATAGI
SINCE DECEASED BY HIS LRS
1. SHAKUNTALA W/O SHANKRAPPA KATAGI
AGE 66 YEARS, OCC HOUSEHOLD WORK
R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
DHARWAD-580001.
2. PRASHANT S/O SHANKRAPPA KATAGI
AGE 38 YEARS OCC COOLIE
R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
MOHANKUMAR
B SHELAR
DHARWAD-580001.
CHANNAPPA SHANKRAPPA KATAGI
SINCE DECEASED BY HIS LRS
Location:
HIGH 3. RAJESHWARI W/O CHANNAPA KATAGI,
COURT OF AGE 39 YEARS, OCC HOUSEHOLD WORK
KARNATAKA R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
DHARWAD-580001.
4. MEGHA D/O CHANNAPPA KATAGI
AGE 23 YEARS OCC STUDENT
R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
DHARWAD-580001.
5. VINAYAK S/O CHANNAPPA KATAGI
AGE 20 YEARS OCC STUDENT
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NC: 2025:KHC-D:13017
RFA No. 100249 of 2024
HC-KAR
R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
DHARWAD-580001.
MALLIKARJUN S/O GURAPPA KATAGI
SINCE DECEASED BY HIS LRS
6. SAVITRI W/O MALLIKARJUN KATAGI
AGE 65 YEARS OCC HOUSEHOLD WORK
R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
DHARWAD-580001.
7. VIRUPAKSHA S/O MALLIKARJUN KATAGI
AGE 51 YEARS OCC COOLIE
R/O. BANAGAR ONI, MRUTYUNJAYA NAGAR,
DHARWAD-580001.
BASAVARAJ MALLIKARJUN KATAGI
DIED UNMARRIED
8. RATNA W/O HANUMANTAPPA PUJER
AGE 46 YEARS, OCC HOUSEHOLD WORK,
R/O GUNDANATTI, KHANAPUR
DIST BELAGAVI-590001
9. SHIVAPUTRAPPA S/O GURAPPA KATAGI
AGE 65 YEARS, OCC COOLIE
R/O. C/O. PARVATEVVA ULLAGADDI
KADROLLI ONI, MRUTYUNJAYA NAGAR,
DHARWARD-580001.
10. SHIVAYOGI S/O GURAPPA KATAGI
AGE 64 YEARS OCC GOVT. EMPLOYEE,
R/O. BANAGAR ONI, MRUTYUNJAYANAGAR,
DHARWAD-580001.
...RESPONDENTS
(BY SRI. I.Y. PATIL, ADV FOR R1 TO R5,
SRI. P.F. NADAF, ADV FOR R6, R8 & R9,
NOTICE TO R7 & R10 ARE HELD SUFFICIENT)
THIS RFA IS FILED U/O. 41 RULE 1 READ WITH SECTION 96 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.08.2023
PASSED IN O.S.NO.199/2018 ON THE FILE OF THE PRINCIPAL SENIOR
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NC: 2025:KHC-D:13017
RFA No. 100249 of 2024
HC-KAR
CIVIL JUDGE AND CJM, DHARWAD, DECREEING THE SUIT FILED FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY,
THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
Learned counsel for the appellant has filed a memo
seeking leave of the Court to withdraw the appeal with
liberty to file an application under Order IX Rule 13 of CPC
insofar as item No.3 of the suit schedule properties.
2. Learned counsel for the appellant submits that,
the appellant is not aggrieved by the judgment and decree
passed by the Trial Court insofar as items No.1 and 2 of the
suit schedule properties and the decree passed by the Trial
Court regarding items No.1 and 2 may be confirmed.
3. Memo and submission are placed on record.
NC: 2025:KHC-D:13017
HC-KAR
4. Learned counsel for the respondents/plaintiffs
submits that, the respondents/plaintiffs will not precipitate
the final decree proceedings regarding item No.3 of the suit
schedule properties is concerned for a period of three
months.
5. His submission is placed on record.
6. The appeal is dismissed as withdrawn with
aforesaid liberty.
7. In view of dismissal of the appeal, pending
interlocutory application(s), if any, shall stand disposed of.
Sd/-
(ASHOK S. KINAGI)
JUDGE
PA
CT: BSB
