[Cites 1, Cited by 0]
Karnataka High Court
Maruti S/O. Monappa Lad vs Anand S/O. Devappa Nesarkar on 17 March, 2026
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2026:KHC-D:4210
MSA No. 690 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
MISCELLANEOUS SECOND APPEAL NO.690 OF 2013 (LA)
BETWEEN:
1. SHRI MARUTI S/O MONAPPA LAD,
AGE: 65 YEARS,
R/AT: NO.215/A, ANANDWADI,
SHAHAPUR, BELAGAVI.
2. SMT. RENUKA D/O MONAPPA LAD @ RENUKA,
W/O PARASHURAM KAKATKAR,
AGE: 55 YEARS,
R/O. H.NO.215/A, ANANDWADI,
SHAHAPUR, BELGAUM,
AND ALSO AT NO.74, VAZE GALLI,
DHAMANE ROAD, VADAGAON, BELGAUM.
...APPELLANTS
(BY SRI SHARAD M. PATIL, ADVOCATE)
AND:
Digitally signed by
CHANDRASHEKAR
LAXMAN 1. SHRI ANAND
KATTIMANI
Location: High S/O DEVAPPA NESARKAR,
Court of Karnataka,
Dharwad Bench, SINCE DECEASED REPRESENTED BY HIS LRS.
Dharwad
1(a) SMT. LAXMI
W/O ANAND NESARKAR,
AGE. 75 YEARS,
OCC. HOUSEHOLD WORK,
R/O H.NO.215/A, ANAND WADI,
SHAHPUR, DIST. BELAGAVI.
1(b) SHRI BABU S/O ANAND NESARKAR,
AGE. 55 YEARS, OCC. BUSINESS,
R/O H.NO.215/A, ANAND WADI,
SHAHPUR, DIST. BELAGAVI.
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MSA No. 690 of 2013
HC-KAR
1(c) SHRI VIJU
S/O ANAND NESARKAR,
AGE. 52 YEARS, OCC. AGRICULTURE,
R/O H.NO.215/A, ANAND WADI,
SHAHPUR, DIST. BELAGAVI.
1(d) SHRI GAJANAN
S/O ANAND NESARKAR,
AGE. 41 YEARS, OCC. AGRICULTURE,
R/O H.NO.215/A, ANAND WADI,
SHAHPUR, DIST. BELAGAVI.
1(e) SHRI MAHAVED
S/O ANAND NESARKAR,
AGE. 38 YEARS, OCC. HOUSEHOLD WORK,
R/O H.NO.215/A, ANAND WADI,
SHAHPUR, DIST. BELAGAVI.
SHRI TATOBA IRAPPA LAD,
SINCE DECEASED BY LRS.
2. SMT. LAXMIBAI
W/O. TORAPPA HALAGEKAR,
AGE: 90 YEARS, R/AT SY NO.115, PLOT NO.20,
1ST CROSS, AYODHYA NAGAR,
MANDOLI ROAD, TILAKWADI, BELAGAVI.
SMT. MALLAWA W/O BABURAO @ BABU LAD,
SINCE DECEASED BY LRS.
SHRI CHANDRAKANT
S/O BABURAO @ BABU LAD,
SINCE DECEASED BY LRS.
3. KUMARI MANISHA
D/O CHANDRAKANT LAD,
AGE: 25 YEARS,
R/AT KARBAR GALLI,
VADAGAON, BELGAUM.
4. SHRI GAJANAN
S/O CHANDRAKANT LAD,
AGE: 23 YEARS,
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MSA No. 690 of 2013
HC-KAR
R/AT KARBAR GALLI,
VADAGAON, BELGAUM.
5. SHRI ASHOK S/O BABURAO @ BABU LAD,
AGE: 35 YEARS,
R/AT ANANDWADI,
SHAHAPUR, BELAGAVI.
6. PRAKASH S/O BABURAO,
SINCE DECEASED REPRESENTED BY HIS LRS
6.A SMT. REKHA W/O PRAKASH LAD,
AGE. 45 YEARS, OCC. HOUSEHOLD WORK,
R/O. 631, RAYAT GALLI,
VADAGAON, BELAGAVI.
6.B KUM. HAMENT S/O PRAKASH LAD,
AGE. 25 YEARS, OCC. STUDENT,
R/O. 631, RAYAT GALLI,
VADAGAON, BELAGAVI.
6.C KUM. NAYANI D/O PRAKASH LAD,
AGE. 20 YEARS, OCC. HOUSEHOLD WORK,
R/O. 631, RAYAT GALLI, VADAGAON, BELAGAVI.
7. SHRI MALLAPPA
S/O BABURAO @ BABU LAD,
AGE: 55 YEARS,
R/AT HATTIHOLI GALLI,
SHAHPUR, BELGAUM.
8. SMT. INDU W/O RAMU KHANNRUKAR,
AGE: 60 YEARS,
R/AT RAYAT GALLI,
VADAGAON, BELAGAVI.
9. SMT. KAMAL W/O MARUTI PATIL,
AGE: 55 YEARS, R/AT H.NO.215/A,
ANANDWADI, SHAHAPUR, BELGAUM.
SMT. LAXMIBAI
W/O YALLAPPA @ MALLAPPA LAD,
SINCE DECEASED BY LRS
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HC-KAR
10. SMT. YASHODABAI
W/O BHAVAKANNA VADDAR @ VADAR,
AGE: 80 YEARS,
R/O. 4237, KHADAK GALLI, BELGAUM,
AND ALSO AT 1908, PARVATI NAGAR,
B.K. KANGRALI,
TQ. AND DIST: BELGAUM.
11. SMT. PARVATI W/O APPAYYA LAD,
AGED ABOUT YEARS,
R/O: PAYAPPA TUPARE,
ANGOL GALLI,
UCHAGAON, BELGAUM.
12. SMT. SUDHA
W/O RAMACHANDRA BIRJE,
AGE: 40 YEARS,
R/O. 4236, KHADAK GALLI,
BELAGAVI.
13. SMT. BHOMAKKA W/O SHANKAR KILLEKAR,
AGE: 55 YEARS, R/O. BABLE CHAWAL,
ANGOL, BELGAUM.
SHRI PIRAJI @ PEERAJI
S/O APPAYYA @ IRAPPA LAD,
SINCE DECEASED BY HIS LRS
14 SHRI JYOTIBA S/O PIRAJI @ PEERAJI LAD,
AGE: 35 YEARS,
R/AT: 2316, HATTIHOLI GALLI,
BELGAUM.
15. SHRI ANIL S/O PIRAJI @ PEERAJI LAD,
AGE: 33 YEARS,
R/AT: 2316, HATTIHOLI GALLI,
BELGAUM.
SHRI MARTANAD MALHAR LAD,
SINCE DECEASED BY HIS LR'S.
SMT. SHANTABAI
W/O MARTANAD LAD,
SINCE DECEASED BY HIS LR'S.
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HC-KAR
16. SHRI VIJAY S/O MARTANAD LAD,
AGE: 65 YEARS.
SHRI ARVIND S/O MARTANAD LAD,
SINCE DECEASED BY HIS LRS.
17. SMT. VANITADEVI W/O ARVIND LAD,
AGE: 55 YEARS.
18. MISS UJWALA D/O ARVIND LAD,
AGE: 30 YEARS.
19. MISS SHEETAL D/O ARVIND LAD,
AGE: 28 YEARS.
20. MISS NEETA D/O ARVIND LAD,
AGE: 25 YEARS.
RESPONDENTS NO.17 TO 20 ARE
R/O: CHAIRMAN BUNGALOW,
SHIVAJI UNIVERSITY, KOLHAPUR,
MAHARASHTRA.
21. SHRI SHIVAJI S/O MARTAND LAD,
AGE ABOUT YEARS.
22. KUMARI ARUNA D/O MARTAND LAD,
AGE: 56 YEARS.
23. SMT. AUBAI @ GANGABAI
W/O RAMA TEMBERKAR,
AGED ABOUT YEARS.
RESPONDENTS NO.21 TO 23 ARE
R/O: 4285/1, KHANJAR GALLI,
BELGAUM.
24. SMT. FAKIRABAI
W/O GURUNATH DHAMNEKAR,
AGE: 90 YEARS, R/O: BHATKANDE GALLI,
BELGAUM.
25. THE ASSISTANT DIRECTOR OF LAND RECORDS,
BELGAUM.
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HC-KAR
26. THE ASSISTANT COMMISSIONER,
BELGAUM.
27. THE CITY SURVEY OFFICER,
CITY SURVEY OFFICE, BELGAUM.
28. SRI. YALLAPPA
S/O KHANDOJI KADOLKAR,
AGE: 45 YEARS,
R/O: H.NO.2328, HATTIHOLI GALLI,
SHAHAPUR, BELGAUM.
29. GEORGE LUEES LOBO,
AGE: 50 YEARS, CTS NO.1891/B,
ANANDWADI,
SHAHAPUR, BELGAUM.
...RESPONDENTS
(BY SRI SANTOSH B. RAWOOT, ADV. FOR R1 (A TO E);
SRI SHIVARAJ C. BELLAKKI, ADV. FOR R6 (A TO C);
SRI DINESH M. KULKARNI, ADV. FOR
RESPONDENTS NO.16, 18, 20, 22 & 21(A);
SRI JS SHETTY, ADV. FOR R9;
SRI KIRAN KUMAR S. CHATTIMATH, ADV. FOR R11;
APPEAL DISMISSED - AGAINST
RESPONDENTS NO.2 TO 15 AND 23 TO 29.
NOTICE TO RESPONDENTS NO.17 & R19 - SERVED;
RESPONDENTS NO.16 TO R20 & R22
AS LR'S OF DECEASED RESPONDENT NO.21)
THIS MSA IS FILED UNDER SECTION 43 RULE 1(U) R/W.
SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19-
11-2013 PASSED IN R.A.NO.133/2010 ON THE FILE OF THE I-ADDL.
SENIOR CIVIL JUDGE, BELGAUM, ALLOWING THE APPEAL FILED
AGAINST THE JUDGMENT AND ORDER DATED 24-05-2010 PASSED IN
FDP.NO.9/1984, ON THE FILE OF THE II-ADDL.CIVIL JUDGE AND
JMFC., BELGAUM, ALLOWING THE PETITION FILED FOR PARTITION
AND SEPARATE POSSESSION & ETC.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
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MSA No. 690 of 2013
HC-KAR
ORAL JUDGMENT
Challenging judgment dated 19.11.2013 passed by I
Additional Senior Civil Judge, Belagavi at Belagavi in RA
no.133/2010, this miscellaneous second appeal is filed.
2. Sri Sharad M. Patil, learned counsel appearing for
appellants submitted that appeal was by plaintiffs in suit and
petitioners in FDP no.9/1984. It was submitted, appellants herein
were respondents no.1 and 2 in regular appeal filed by
respondent no.1 herein assailing final decree dated 24.05.2010
in FDP no.9/1984, whereunder appellate Court remanded matter
back to Final Decree Court.
3. After arguing matter for sometime, learned counsel
for appellants fairly submitted that, appellants would be
satisfied, if a direction is issued to Final Decree Court for
expedite disposal.
4. Submission is not opposed by any of learned counsel
for respondents.
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HC-KAR
5. In view of above submission, there would be no need
for this Court to spell on legality of impugned order. Same is
confirmed and appeal dismissed.
6. It is seen that while passing impugned order,
appellate Court had on ground that, final decree drawn was not
in consonance with preliminary decree and after allowing
application for additional evidence, remanded matter back to
final decree Court along with direction for expedite disposal.
7. It is noticed that in this appeal, only respondent
no.1, legal representatives of respondent no.6, respondents
no.9, 11, 16, 18, 20, 21 and 22 are represented, while other
respondents are served and unrepresented.
8. Parties who are represented before this court are
directed to appear before Final Decree Court without expecting
fresh notice on 15.04.2026.
9. Registry is directed to transmit Trial Court Records
back to Final Decree Court to reach said Court well before
15.04.2026.
NC: 2026:KHC-D:4210
HC-KAR
10. On 15.04.2026, Final Decree Court is directed to
issue notice to other respondents, ensure early service and
proceed with matter expeditiously.
11. Parties are directed not to seek unnecessary
adjournment.
Sd/-
(RAVI V.HOSMANI)
JUDGE
EM, CT:VP
LIST NO.: 1 SL NO.: 9
