Advocates:
['RAVI S BALIKAI', '', 'SRINAND A PACHCHAPURE', '', 'FOR R R']

: 1 :

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^st DAY OF MARCH 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K.SUDHINDRARAO

RSA NO.588 OF 2006 (PAR)

BETWEEN

SMT AMBU W/O BAGAWANT HATTI

SINCE DECEASED BY HER LRS

SMT. MUTTAWWA

W/O SHANTARAM MORE,

AGED ABOUT 63 YEARS,

OCC: HOUSEHOLD,

R/O: JAMKHANDI- 587 301

JAMKHANDI, DIST: BAGALKOT

...APPELLANT

(BY SRI. RAVI S. BALIKAI, ADV.,)

AND

1.

SRI ARJUN

S/O NARAYAN HATTI

AGE: 46 YEARS,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

2.

SRI. BAGAWANT

S/O NARAYAN HATTI

AGE: 42 YEARS,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

3.

SRI. TAMANNA

: 2 :

S/O NARAYAN HATTI

AGE: 40 YEARS,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

4.

SRI. BHAU S/O NARAYAN HATTI

AGE: 46 YEARS,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

5.

SMT. NAGAWWA

W/O TUKARAM MORE,

AGE: 39 YEARS,

OCC: HOUSEHOLD WORK

R/O: HAVELI NAKA,

BAGALKOT 587102

DIST: BAGALKOT

6.

SMT. SUSHILABAI

/O RAMAPPA MORE

AGE: 34 YEARS,

OCC: HOUSEHOLD WORK

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

7.

SMT. KAMALABAI

W/O VITTAL HATTI

AGE: 36 YEARS,

OCC: HOUSEHOLD WORK,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

8.

SMT. TULASABAI

W/O SHANKAR JANAPPAGOL

AGE: 46 YEARS,

OCC: HOUSEHOLD WORK,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

9.

SMT. AMBAWWA

: 3 :

W/O. NARAYAN HATTI,

AGE: 65 YEARS,

OCC: HOUSEHOLD WORK,

R/O: SAVALGI -586126,

TAL: JAMKHANDI,

DIST: BAGALKOT

&RESPONDENTS

(BY SMT. PALLAVI. S. PACHCHAPURE, ADV., FOR

SRI. SRINAND A PACHCHAPURE, ADV.,)

THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO SET

ASIDE THE JUDGEMENT & DECREE DATED 18.11.2005 PASSED

IN R.A.NO 120/02 ON THE FILE OF THE DISTRICT AND

SESSIONS JUDGE AND PRESIDING OFFICER, FAST TRACK

COURT, JAMAKHANDI, AND THE JUDGMENT AND DECREE

DATED 06.08.2002 PASSED IN O.S. NO.8/1990 ON THE FILE OF

THE PRL.CIVIL JUDGE (JR.DN.) JAMKHANDI AND DECREE THE

SUIT OF THE PLAINTIFF AS PRAYED FOR AND ALLOW THIS

APPEAL WITH COSTS IN THE INTEREST OF JUSTICE AND

EQUITY.

THIS APPEAL COMING ON FOR FIINAL HEARING THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is directed against the judgment and

decree passed in R.A.No.120/2002 on the file of the

learned District and Sessions Judge, Jamakhandi, wherein

the appeal came to be dismissed thereby confirming the

judgment and decree passed by the learned Principal Civil

Judge (Jr.Dn), Jamakhandi in O.S.No.8/1990.

: 4 :

2.

For the sake of convenience, the parties are

addressed in accordance with their ranks and status as

stated before the Trial Court.

3.

In the beginning it is a suit for partition was

filed by one Ambu W/o. Bhagawant and at present the said

Ambu is no more and represented by her sole daughter-

Muttawwa. The defendants are her brother-in-laws and

their children. The suit for partition and separate

possession of half extent of share in the suit schedule A

and B properties was filed and alternatively for the relief of

partition and separate possession of 04 acres and 32

guntas of land on the western portion of Survey No.475/2

of Savalagi village along with residential house measuring

8 x 8 cubits out of VPC No.753 and 761 of the same village

was sought for. The plaintiff was married to one

Bhagawant. During the marital period, said Bhagawant

died on 08.09.1940 leaving behind the widow-Ambu. The

plaintiff further claims that she continued in the joint

family of her husband after his death and the elder brother

of Bhagwant by name Narayan was looking after the affairs

of the family. As a matter of fact, the said Narayan had

: 5 :

executed a maintenance deed dated 17.12.1942 wherein

she was to be given monthly 03 bags of Jowar, Rs.15/-

and a residential house measuring 8 x 8 cubic and in

default she would be entitled to take possession of land

measuring 04 acres 32 guntas of weste