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2023 Supreme(Online)(KAR) 10657
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2023
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.8403/2008 (CS-RES)
C/W
R.S.A.No.5780/2011,
W.P.No.63516/2009 (KLR-RR/SUR)
IN W.P.No.8403/2008
BETWEEN:
1.
SMT. MAHANANDA,
W/O SHASHIKANT BELLAD,
AGE: 59 YEARS,
OCC:SERVICE,
R/O BELAGAVI,
DISTRICT:BELAGAVI-591 304.
2.
VAJRAKSHI,
W/O GURALINGAPPA NIDONI,
AGE:57 YEARS,
OCC:HOUSEHOLD WORK,
R/O ATHANI,
DISTRICT:BELAGAVI – 591 304.
… PETITIONERS
(BY SRI. GIRISH A.YADAWAD AND SRI.F.V.PATIL,
ADVOCATES)
AND:
1.
THE MAHALINGAPUR URBAN CO-OP BANK LTD.,
AT:MAHALINGAPUR,
REPRESENTED BY ITS MANAGER,
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad
2
TALUK:MUDHOL,
DISTRICT:BAGALKOT – 587 312.
2.
MALLAPPA, S/O SHIVAPPA SANKRATTI,
AGE:52 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK:MUDHOL,
DISTRICT:BAGALKOT – 587 113.
3.
ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES AND RECOVERY OFFICER,
UNDER RULE 441 KARNATAKA STATE,
CO-OPERATIVE URBAN BANKS FEDERATION,
BANGALORE – 560 001.
4.
THE DEPUTY REGISTRAR OF
CO-OPERATIVE SOCIETIES,
BAGALKOT,
DISTRICT:BAGALKOT – 587 101.
5.
ALLAPPA, S/O BHIMAPPA SANKRATTI,
AGE:67 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
6.
MALLAPPA, S/O BHIMAPPA SANKRATTI,
AGE:65 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
7.
MAHALINGAPPA, S/O BHIMAPPA SANKRATTI,
AGE:63 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
8.
HANAMANT, S/O ALLAPPA SANKRATTI,
AGE:36 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
9.
SMT. GANGAWWA,
W/O MALLAPPA SANKRATTI,
3
AGE:56 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
10.
PARAMANAND, S/O MALLAPPA SANKRATTI,
AGE:40 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
11.
SMT.SAVITA,
W/O PARAMANAND SANKRATTI,
AGE:34 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
12.
YANKAPPA,
S/O ALLAPPA SANKRATTI,
AGE:33 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
13.
RAMAPPA,
S/O MALLAPPA SANKRATTI,
AGE:33 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
14.
YALLAPPA, S/O MAHALINGAPPA SANKRATTI,
AGE:27 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
15.
RAMAPPA, S/O BHIMAPPA KENCHARADDI,
AGE:44 YEARS,
OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
DISTRICT:BAGALKOT – 587 113.
16.
HANAMANT, S/O BHIMAPPA DANDIN,
AGE:39 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TALUK MUDHOL,
4
DISTRICT:BAGALKOT – 587 113.
… RESPONDENTS
(BY SRI. K.L.PATIL, ADVOCATE FOR R-1;
SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R-2,
R-5 TO R-16;
SRI. PRAVEEN UPPAR HCGP FOR R-3 & R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED ORDER VIDE ANNEXURE-H PASSED BY THE
3RD RESPONDENT DATED:05.12.2005 AND VIDE ANNEXURE-
O PASSED BY THE 4TH RESPONDENT DATED:12.05.2008,
ETC.
IN R.S.A.No.5780/2011
BETWEEN:
1.
SMT.MAHANANDA,
W/O SHASHIKANT BELLAD,
AGE:62 YEARS, OCC:SERVICE,
R/O BELGAUM,
DISTRICT BELGAUM – 58009.
2.
SMT.VAJRAKSHI,
W/O GURULINGAPPA NIDONI,
AGE:60 YEARS,
OCC:HOUSEHOLD,
R/O ATHANI, DIST:BELGAUM,
BY THEIR POWER OF ATTORNEY HOLDER,
RAJASHEKHAR,
S/O MURIGEPPA BURALI,
AGE:44 YEARS, OCC:AGRICULTURE & BUSINESS,
R/O JAMAKHANDI,
DISTRICT BAGALKOT-587 313.
… APPELLANTS
(BY SRI.GIRISH A.YADAWAD, ADV.)
AND:
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1.
MALLAPPA,
S/O SHIVAPPA SANKARATTI,
AGE 55 YEARS, OCC:AGRICULTURE,
R/O BELAGALI, TAL:MUDHOL,
DIST:BAGALKOT – 587 313.
2.
RAVINDRA, S/O MAHESHWAR GONDI,
AGE:47 YEARS,
OCC:AGRICULTURE,
R/O MAHALINGAPUR,
TALUK MUDHOL,
DISTRICT BAGALKOT – 587 312.
… RESPONDENTS
(BY SRI.ARAVIND D.KULKARNI, ADV. FOR R-1;
SRI. DINESH M.KULKARNI, AD. FOR R-2)
THIS APPEAL IS FILED UNDER SECTION 100 READWITH
ORDER XLII RULE I C.P.C, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED:10-06-2011 PASSED BY THE
SENIOR CIVIL JUDGE COURT MUDHOL IN R.A.No.29/2009
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND
DECREE
DATED:26-08-2009
PASSED
BY
THE
ADDITIONAL CIVIL JUDGE (JR.DN) COURT MUDHOL, IN
O.S.No.146/2008 IN THE INTEREST OF JUSTICE AND
EQUITY.
IN W.P.No.63516/2009
BETWEEN:
1.
SMT. MAHANANDA,
W/O SHASHIKANT BELLAD,
AGED ABOUT 60 YEARS,
OCC SERVICE,
R/O PLOT No.2430, SECTOR No.12,
M.M.EXTENSION, OPP:SDM,
BELGAUM DISTRICT,
BELGUM – 590 001.
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2.
SMT. VAJRAKSHI,
W/O GURULINGAPPA NIDONI,
60 YEARS,
AGE:MAJOR, OCC:HOUSEHOLD WORK,
R/O RAVIVAR PETH,
ATHANI, DISTRICT BELGAUM – 590 001.
BOTH REPRESENTED BY THEIR
GENERAL POWER OF ATTORNEY HOLDER
SRI. RAJASHEKHAR,
S/O MURIGEPPA BURLI,
AGE 40 YEARS,
OCC: AGRICULTURE AND BUSINESS,
R/O JAMKHANDI,
DISTRICT BAGALKOT – 586 101.
… PETITIONERS
(BY SRI.GIRISH.A.YADAWAD AND SRI.F.V.PATIL,
ADVOCATES)
AND:
1.
SRI.MALLAPPA,
S/O SHIVAPPA SANKARATTI,
OCC:AGRICULTURE,
R/O BELAGALLI, TALUK MUDHOL 587 313.
2.
THE SALE OFFICER,
MAHALINGAPUR URBAN CO-OPERATIVE
BANK LTD., MAHALINGAPUR,
TALUK MUDHOL – 587 313.
3.
SRI. RAVINDRA,
S/O MAHESHWAR GONDI,
38 YEARS, OCC:AGRICULTURE,
R/O MAHALINGAPUR,
TALUK MUDHOL – 587 313.
4.
SRI. JAGADISH,
S/O RAVASAHEB KHOT,
7
35 YEARS,
5.
SRI. SATHISH,
S/O RAVASAHEB KHOT,
AGE 40 YEARS,
R-4 & 5 ARE R/O MAHALINGAPUR,
TALUK:MUDHOL 587 313.
6.
THE TAHSILDAR,
MUDHOL TALUK, MUDHOL – 587 313.
7.
THE ASSISTANT COMMISSIONER,
JAMKHANDI SUB DIVISION, JAMKHANDI.
8.
THE DEPUTY COMMISSIONER,
BAGALKOT DISTRICT,
BAGALKOT – 586 101.
… RESPONDENTS
(BY SRI.V.R.DATAR, ADVOCATE FOR C/R-2;
SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R-1;
SRI.DINESH M.KULKARNI, ADVOCATE FOR R-3 & R-4;
SRI.PRAVEEN UPPAR, HCGP FOR R-6 TO R-8;
R-5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE MUTATION ENTRY No.603 DATED:26/12/2005 VIDE
ANNEXURE-H AND THE ORDER OF THE TAHSILDAR, MUDHOL,
DATED:20/03/2006 VIDE ANNEXURE-H AND THE ORDER OF
THE
ASSISTANT
COMMISSIONER,
JAMKHANDI
INRTS.
APPEAL 17/2006-07 DATED:06/01/2009 VIDE ANNEXURE-K
AND
THE
OF
DEPUTY
BAGALKOT, IN RTS REVISION PETITION No.13/2008-09
DATED:21/5/2009 VIDE ANNEXURE-L, ETC.
THESE PETITIONS ALONG WITH R.S.A COMING ON FOR
FURTHER HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
8
ORDER
The genealogy, which would be necessary for
this writ petition, is as follows:
Maheshwar Gondi
(Died in the year 1998)
Wife of Annapurna Gondi
(Died in the year 2005)
Mahananda Vajrakshi
Sindhutai
Ravindra
(Daughter)
(Daughter)
(Daughter)
(Son)
Bhagyashree
(wife)
The first two daughters namely Mahananda and
Vajrakshi
are
the
writ
petitioners.
They
are
hereinafter referred to as the “sisters”.
The joint family of Maheshwar Gondi owned the
following lands at Belagali Village, Mudhol Taluka,
Bagalkot District:
R.S. No.403
- 18 acres 07 guntas
R.S. No.404
- 12 acres 21 guntas
R.S. No.405/1
- 09 acres 32 guntas
Total
- 40 acres 17 guntas
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The
above-mentioned
properties
were
the
subject matter of a partition in the year 1990. This
partition, by metes and bounds, was reflected by the
change in the revenue entries vide M.E.No.9300,
which was certified on 01.01.1990.
Under the said partition, the lands was allotted
in the following manner:
Maheshwar Gondi (Father):
R.S. No.403
-
7 acres 07 guntas
R.S. No.404
-
2 acres 11 guntas
R.S. No.405/1 -
1 acre 17 guntas
Total
-
10 acres 17 guntas
Annapurna (Wife):
R.S. No.403
-
2 acres 20 guntas
R.S. No.404
-
2 acres 20 guntas
R.S. No.405/1 -
2 acres 20 guntas
Total
-
7 acres 20 guntas
Mahananda (the first daughter and 1st writ petitioner):
R.S. No.403
-
2 acres 00 guntas
R.S. No.404
-
1 acres 30 guntas
R.S. No.405/1 -
1 acre 10 guntas
Total
-
5 acres 00 guntas
Vajrakshi(the second daughter and 2nd writ petitioner):
R.S. No.403
-
2 acres 00 guntas
R.S. No.404
-
1 acres 30 guntas
R.S. No.405/1 - 1 acre 10 guntas
Total
-
5 acres 00 guntas
Ravindra Maheshwar Gondi(the son of Maheshwar Gondi):
R.S. No.403
-
2 acres 20 guntas
10
R.S. No.404
-
2 acres 20 guntas
R.S. No.405/1 - 2 acres 20 guntas
Total
-
7 acres 20 guntas
Thus, under the partition, the father-Maheshwar
Gondi was allotted 10 acres 17 guntas, the mother-
Annapurna Gondi was allotted 7 acres 20 guntas, the
first two daughters namely Mahananda and Vajrakshi
were allotted 5 acres each and the son-Ravindra was
allotted 7 acres 20 guntas.
It is not in dispute that the third daughter
namely Sindhutai had already been gifted an extent
of 5 acres in the very same lands.
In
1998,
Maheshwar
Gondi
passed
away
intestate and as a consequence, by operation of law,
the land measuring 10 acres 17 guntas allotted to
him, stood devolved to his wife and four children in
equal proportions.
Four years thereafter, on 30.03.2002, Ravindra,
his wife Bhagyashree, his mother-Annapurna and his
11
sister-Sindhutai submitted four applications for grant
of a loan to Mahalingpur Urban Co-operative Bank
Limited, (for short “the Bank”).
10. Ravindra in his loan application stated that he
owned the entire 40 acres 17 guntas in R.S.Nos.403,
404 and 405/1; Bhagyashri, the wife of Ravindra in
her loan application also stated that she owned the
entire extent of 40 acres 17 guntas in R.S.Nos.403,
404 and 405/1; Sindhutai, the sister of Ravindra, in
her loan application, stated that she owned 5 acres of
land in R.S.Nos.403, 404 and 405/1; and Annapurna,
the mother of Ravindra stated in her loan application
that she owned 18 acres 07 guntas + 21 acres in R.S.
Nos.403, 404 and 405/1.
11. Further, in the loan application of Ravindra, it
was stated that his wife Bhagyashri and his sister
Sindhutai were guarantors. In the loan application of
Annapurna, it was stated that her son Ravindra and
12
her daughter Sindhutai were guarantors. In the loan
application of Bhagyashri, it was stated that her
husband Ravindra and the sister of her husband
Sindhutai were guarantors. In the loan application of
Sindhutai, it was stated that her b
