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Karnataka High Court
Smt Anasavva W/O Tippanagouda ... vs Smt. Madevi W/O Yallappagouda ... on 23 March, 2026
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
REGULAR FIRST APPEAL NO. 100375 OF 2024 (PAR/POS)
C/W
REGULAR FIRST APPEAL NO. 100376 OF 2024
IN RFA NO. 100375/2024
BETWEEN:
1. SMT. ANASAVVA W/O TIPPANAGOUDA BHARAMGOUDRA,
AGE:72 YEARS, OCC: HOUSEHOLD WORK,
R/O:SOOLIKATTI, TQ: KALAGHATAGI
DIST: DHARWAD- 591 126.
2. SMT. SHANKRAVVA, W/O SIDDAPPA TIRLAPUR,
AGE: 49 YEARS, OCC: HOUSEHOLD,
R/O:SOOLIKATTI, TQ:KALAGHATAGI- 591 126.
3. SMT. KAMALAVVA W/O SHIDRAMAPPA SHIVALLI,
Digitally signed by
YASHAVANT
AGE:47 YEARS, OCC: HOUSEHOLD WORK,
NARAYANKAR
Location: HIGH COURT
OF KARNATAKA
R/O:SULLA, TQ:HUBBALLI- 580 023.
DHARWAD BENCH
Date: 2026.03.24
15:10:58 +0530
4. SHRI GURUSHIDDAGOUDA S/O TIPPANAGOUDA
BHARAMAGOUDRA, AGE:45 YEARS, OCC: AGRICULTURE,
R/O: SOOLIKATTI, TQ: KALAGHATAGI- 591 126.
5. SRI MADEVAGOUDA S/O TIPPANAGOUDA BHARAMAGOUDRA,
AGE:43 YEARS, OCC: AGRICULTURE,
R/O: SOOLIKATTI, TQ: KALAGHATAGI- 591 126.
6. SMT. SAVITRI W/O BASANAOGUDA BHARAMAGOUDRA,
AGE:57 YEARS, OCC: HOUSEHOLD,
R/O:SOOLIKATTI, TQ:KALAGHATAGI,
DIST: DHARWAD- 591 126.
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NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
7. SMT. RENAKANAGOUDA S/O BASANAGOUDA
BHARAMAGOUDRA,
AGE:45 YEARS, OCC: AGRICULTURE,
R/O: SOOLIKATTI, TQ:KALAGHATAGI,
DIST: DHARWAD- 591 126.
8. SMT. HEMAVATI W/O CHANNAPPA BAJI,
AGE:34 YEARS, OCC: HOUSEHOLDWORK,
R/O: KUSUGAL, TQ: HUBBALLI,
DIST: DHARWAD-580 023.
9. SMT. SHIVALEELA W/O SUBHAS BAJI,
AGE:31 YEARS, OCC: HOUSEHOLD WORK,
R/O: KUSUGAL, TQ :HUBBALLI,
DIST :DHARWAD-580 023
...APPELLANTS
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SMT. MADEVI W/O YALLAPPAGOUDA BHARAMAGOUDRA,
AGE: 67 YEARS, OCC: HOUSEHOLD,
R/O: ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI- 580 028.
2. SHRI SHANKARAGOUDA S/O YALLAPPAGOUDA
BHARAMAGOUDRA,
AGE:47 YEARS, OCC: AGRICULTURE,
R/O: ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI- 580 028.
3. SMT. MANJULA W/O BASAPPA TOTAD,
AGE:44 YEARS, OCC:HOUSEHOLD,
R/O:ADARAGUNCHI, MARARAHALLI ONI,
TQ: HUBBALLI-580 028.
4. SMT. NAGARATNA S/O YALLAPPAGOUDA BHARAMAGOUDRA,
AGE: 42 YEARS, OCC: PRIVATE WORK,
R/O:ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI-580 028.
5. SMT. RENUKA W/O IRAPPA PALLED,
AGE:37 YEARS, OCC: HOUSEHOLD,
R/O: KUNDAGOL, TQ: KUNDAGOL- 581 113
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NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
6. SHRI SHIDRAMAGOUDA S/O NINGANAGOUDA
BHARAMAGOUDRA,
AGE:57 YEARS, OCC: AGRICULTURE,
R/O: ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI- 580 028.
7. SMT. GIRIJAVVA W/O NINGAPPA SHIVALLI,
AGE:40 YEARS, OCC: HOUSEHOLD,
R/O:SULLA, TQ: HUBBALLI- 580 023.
8. SMT. RENUKA W/O IRAPPA PALLED,
AGE:37 YEARS, OCC:HOUSEHOLD,
R/O:KUNDAGOL, TQ: KUNDAGOL- 581 113.
9. SMT. NEELAVVA W/O ISHWARAPPA VIJAPUR,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O:SOOLIKATTI, TO: KALAGHATAGI- 591 126
10.VEERABHADRAPPA S/O CHANNABASAPPA TOTAD,
AGE:72 YEARS, OCC:AGRICULTURE,
R/O ADARAGUNCHI, TQ: HUBBALLI- 580 028.
11.SMT. IRAPPAVVA W/O SHARANAPPA PATIL,
AGE:47 YEARS, OCC: HOUSEHOLD WORK,
R/O KADAPATTI, TQ:KUNDAGOL -581 113.
12.SMT NIRMALA W/O SHEKAPPA HUBBALLI,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O:KUBIHAL, TQ:KUNDAGOL-581 113
13.SMT SAVITRI W/O SHANKARAGOUDA BHARAMAGOUDRA,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
R/O ADARAGUNCHI, TO: HUBBALLI-580028,
14.SMT. RENUKA W/O GURUSHIDDAPPA KURATTI,
AGE:41 YEARS, OCC:HOUSEHOLD WORK,
R/O:NOOLVI, TQ:HUBBALLI- 580028.
...RESPONDENTS
(BY SRI. SUNIL D. DESAI AND SMT. SHEBA A. KHANAPUR,
ADVOCATES FOR R1 TO R5, R10 TO R14;
SRI VISHWANATH S. BICHAGATTI AND SRI. JAYAWANT KAMBLI,
ADVOCATES FOR R6;
NOTICE ISSUED TO R7 TO R9 ARE SERVED BUT UNREPRESENTED)
-4-
NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO,
ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE ALLOWING THE COUNTER CLAIM FILED BY DEFENDANT NO.
6 TO 9 AND 11, PASSED IN O.S.NO.127/2017, DATED 21/12/2023,
ON THE FILE OF THE IIIRD ADDITIONAL SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, AND
CONSEQUENTLY DISMISS THE COUNTER CLAIM FILED BY
DEFENDANT NO.6 TO 9 AND 11 BY ALLOWING THIS APPEAL, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN RFA NO. 100376/2024
BETWEEN:
1. SMT. ANASAVVA W/O TIPPANAGOUDA BHARAMGOUDRA,
AGE:72 YEARS, OCC: HOUSEHOLD WORK,
R/O:SOOLIKATTI, TQ: KALAGHATAGI
DIST: DHARWAD- 591 126.
2. SMT. SHANKRAVVA, W/O SIDDAPPA TIRLAPUR,
AGE: 49 YEARS, OCC: HOUSEHOLD,
R/O:SOOLIKATTI, TQ:KALAGHATAGI- 591 126.
3. SMT. KAMALAVVA W/O SHIDRAMAPPA SHIVALLI,
AGE:47 YEARS, OCC: HOUSEHOLD WORK,
R/O:SULLA, TQ:HUBBALLI- 580 023.
4. SHRI GURUSHIDDAGOUDA S/O TIPPANAGOUDA
BHARAMAGOUDRA,
AGE:45 YEARS, OCC: AGRICULTURE,
R/O: SOOLIKATTI, TQ: KALAGHATAGI- 591 126.
5. SRI MADEVAGOUDA S/O TIPPANAGOUDA
BHARAMAGOUDRA,
AGE:43 YEARS, OCC: AGRICULTURE,
R/O: SOOLIKATTI, TQ: KALAGHATAGI- 591 126.
6. SMT. SAVITRI W/O BASANAOGUDA BHARAMAGOUDRA,
AGE:57 YEARS, OCC: HOUSEHOLD,
R/O:SOOLIKATTI, TQ:KALAGHATAGI,
DIST: DHARWAD- 591 126.
7. SMT. RENAKANAGOUDA S/O BASANAGOUDA
BHARAMAGOUDRA,
AGE:45 YEARS, OCC: AGRICULTURE,
R/O: SOOLIKATTI, TQ:KALAGHATAGI,
-5-
NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
DIST: DHARWAD- 591 126.
8. SMT. HEMAVATI W/O CHANNAPPA BAJI,
AGE:34 YEARS, OCC: HOUSEHOLDWORK,
R/O: KUSUGAL, TQ: HUBBALLI,
DIST: DHARWAD-580 023.
9. SMT. SHIVALEELA W/O SUBHAS BAJI,
AGE:31 YEARS, OCC: HOUSEHOLD WORK,
R/O: KUSUGAL, TQ :HUBBALLI,
DIST :DHARWAD-580 023
...APPELLANTS
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1. SHRI SHIDRAMAGOUDA S/O NINGANAGOUDA
BHARAMAGOUDRA,
AGE:57 YEARS, OCC: AGRICULTURE,
R/O: ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI- 580 028.
2. SMT. MADEVI W/O YALLAPPAGOUDA BHARAMAGOUDRA,
AGE: 67 YEARS, OCC: HOUSEHOLD,
R/O: ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI- 580 028.
3. SHRI SHANKARAGOUDA S/O YALLAPPAGOUDA
BHARAMAGOUDRA,
AGE:47 YEARS, OCC: AGRICULTURE,
R/O: ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI- 580 028.
4. SMT. MANJULA W/O BASAPPA TOTAD,
AGE:44 YEARS, OCC:HOUSEHOLD,
R/O:ADARAGUNCHI, MARARAHALLI ONI,
TQ: HUBBALLI-580 028.
5. SMT. NAGARATNA S/O YALLAPPAGOUDA
BHARAMAGOUDRA,
AGE: 42 YEARS, OCC: PRIVATE WORK,
R/O:ADARAGUNCHI, MARARAHALLI ONI,
TQ:HUBBALLI-580 028.
-6-
NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
6. SMT. GIRIJAVVA W/O NINGAPPA SHIVALLI,
AGE:40 YEARS, OCC: HOUSEHOLD,
R/O:SULLA, TQ: HUBBALLI- 580 023.
7. SMT. RENUKA W/O IRAPPA PALLED,
AGE:37 YEARS, OCC:HOUSEHOLD,
R/O:KUNDAGOL, TQ: KUNDAGOL- 581 113.
8. SMT. NEELAVVA W/O ISHWARAPPA VIJAPUR,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O:SOOLIKATTI, TO: KALAGHATAGI- 591 126
9. VEERABHADRAPPA S/O CHANNABASAPPA TOTAD,
AGE:72 YEARS, OCC:AGRICULTURE,
R/O ADARAGUNCHI, TQ: HUBBALLI- 580 028.
10.SMT. IRAPPAVVA W/O SHARANAPPA PATIL,
AGE:47 YEARS, OCC: HOUSEHOLD WORK,
R/O KADAPATTI, TQ:KUNDAGOL -581 113.
11.SMT NIRMALA W/O SHEKAPPA HUBBALLI,
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O:KUBIHAL, TQ:KUNDAGOL-581 113
12.SMT SAVITRI W/O SHANKARAGOUDA BHARAMAGOUDRA,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
R/O ADARAGUNCHI, TO: HUBBALLI-580028,
14.SMT. RENUKA W/O GURUSHIDDAPPA KURATTI,
AGE:41 YEARS, OCC:HOUSEHOLD WORK,
R/O:NOOLVI, TQ:HUBBALLI- 580028.
...RESPONDENTS
(BY SRI SUNIL DESAI, ADVOCATE ACCEPT NOTICE FOR R2 TO
R5, R7, R9 TO R13;
SRI VISHWANATH S. BICHAGATTI AND SRI JAYAWANT KAMBLI,
ADVOCATES FOR R1;
NOTICE ISSUED TO R6 AND R7 ARE SERVED BUT
UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING
TO, ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED
JUDGMENT AND DECREE PASSED IN O.S.NO.127/2017, DATED
21/12/2023, PASSED BY THE IIIRD ADDITIONAL SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI, BY
ALLOWING THIS APPEAL, TO MEET THE ENDS OF JUSTICE.
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NC: 2026:KHC-D:4395-DB
RFA No. 100375 of 2024
C/W RFA No. 100376 of 2024
HC-KAR
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
These matters are listed for consideration of interlocutory
applications, particularly the delay application i.e.,
I.A.No.1/2024 and there was a delay of 145 days in filing the
appeal in both the appeals.
2. Heard the counsel appearing for the appellants and
also the counsel appearing for the respondents.
3. This appeal is filed by defendant Nos.1 to 5 and
12(a) to 12(d) and originally suit was filed for the relief of
partition and possession. When the plaintiff makes the claim of
partition in respect of the suit schedule properties and other
defendants have also made the counter claim in respect of
those properties, the appellants have appeared through counsel
on 27.11.2017 and written statement was not filed within a
stipulated period of 90 days and ultimately the trial Court on
NC: 2026:KHC-D:4395-DB
HC-KAR
12.02.2018 had taken note that the written statement is not
filed. It is also important to note that the suit was disposed of
on 21.12.2023 and inspite of represented through counsel in
2017, no efforts are made from 27.11.2017 till disposal of the
suit 21.12.2023 almost for a period of 6 years 1 month and
now also, come up with these two appeals against the
judgment and decree of the trial Court in favour of the plaintiff
as well as the counter claim made by the defendants were also
allowed. The appellant is squatting on the property almost a
decade from 2017 to 2026 and no effort was made even for
filing of written statement or for even cross-examining the
witnesses and when such being the case, we do not find any
ground to consider this delay application to condone the delay
and having the knowledge of the suit which was filed for
seeking the relief of partition and possession, the appellant
slept over almost a decade and enjoying the property and when
such being the case, very object would be defeated, if such
appeal is entertained by this Court and amendment was made
in the year 2002 itself, fixing the date of 30 days, 60 days, 90
days and even during that period also, written statement was
not filed. Even after the limited period also, no efforts were
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HC-KAR
made to even seek the permission of the Court to file the
written statement and when such being the case, it cannot be
whims and fancy of the appellant to come and seek for relief.
4. The counsel appearing for the appellant would
vehemently contend that this Court can impose the reasonable
cost and remand the matter. We do not find any force in the
said submission of the appellant counsel also when the
appellant squatting on the property and enjoying the same and
even not filed the written statement within the time stipulated
and even after expiry of the time. Even for disposal of the suit,
almost 7 years was taken by the trial Court and no such effort
was made during the said period and hence, we are of the
opinion that it is not a case for entertaining this appeal by
condoning the delay and also on merits. Even considering the
condonation of delay, I.A.No.1/2024 and having taken note of
in both the matters, plaintiffs as well as other defendants were
succeeded in seeking the relief of partition and also the counter
claim and when such being the case and property is also to the
larger extent i.e., more than 10 acres of land and appellant is
squatting on the property and now counsel would contend that
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NC: 2026:KHC-D:4395-DB
HC-KAR
properties, which have been included are, also the self-acquired
property of the appellant that would have been stated and
taken the defence in the written statement itself while filing the
same and agitated the matter before the trial Court and same
has not been made and after almost a decade, this type of
appeals cannot be entertained. Hence, we do not find any
ground to condone the delay of 145 days as well as considering
the material on record that no contest was made by the
appellant and hence, IA's are dismissed, consequently the
appeals are dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
RKM
CT-CMU
LIST NO.: 1 SL NO.: 7
