Advocates:
['B S KAMATE', '', '', 'S D BABALADI', '', 'M C HUKKERI', R IS DIED R & R ARE LR'S, 'OF DECEASED R', 'VEENA R SD', 'REKHA R SD', 'ROOPA R SD', 'VARSHA R SD', 'KUMARI-MANJU R SD']

: 1 :

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 05^TH DAY OF MARCH 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K.SUDHINDRARAO

RSA NO.195 OF 2005 (PAR)

BETWEEN

1.

SRI. UDAY

S/O SHANKARRAO BADAMIKAR

AGED ABOUT 40 YEARS,

OCC: BUSINESS

R/O: N. NO. CTS- 226, RABKAVI,

TQ: JAMKHANDI,

DIST: BAGALKOT -587314

2.

SRI. GANESH

S/O LAXMANRAO BADAMIKAR

AGED ABOUT : 35 YEARS,

OCC: AGRICULTURE

R/O: RABKAVI, TQ: JAMKHANDI

DIST: BAGALKOT.

...APPELLANTS

(BY SRI. B. S. KAMATE, ADV.,)

AND

1.

KUMAR PRAVEEN

S/O VILAS BADAMIKAR

SINCE DECEASED BY HIS LRS.

RESPONDENTS 2 AND 3

: 2 :

2.

KUMARI PREETI

D/O VILAS BADAMIKAR

AGE: MAJOR,

OCC: HOUSEHOLD WORK,

R/O. SANGLI- 416416

3.

SMT. SUNITA

W/O. VILAS BADAMIKAR,

AGE: MAJOR,

OCC: HOUSEHOLD WORK,

R/O. SANGLI- 416416

4.

SMT. VEENA

W/O. VASUDEO KALE,

AGE: MAJOR,

OCC: HOUSEHOLD WORK,

R/O. SANGLI- 416416

5.

SMT. REKHA

W/O. MOHANRAO KULKARNI,

AGE: MAJOR,

OCC: HOUSEHOLD WORK,

R/O. SANGLI- 416416

6.

SMT. ROOPA

W/O. GANAPHULE,

AGE: MAJOR,

OCC: HOUSEHOLD WORK,

R/O. SANGLI- 416416

7.

SMT. VARSHA

W/O. V. KULKARNI,

AGE: MAJOR,

OCC: HOUSEHOLD WORK,

R/O. SANGLI- 416416

8.

KUMARI MANJU

D/O. SHANKARRAO BADAMIKAR,

AGE: MAJOR,

: 3 :

OCC: HOUSEHOLD WORK,

R/O. RABKAVI - 587314,

TQ: JAMAKHANDI,

DIST: BAGALKOT.

&RESPONDENTS

(BY SRI. S. D. BABALADI, ADV., FOR R2;

SRI. M. C. HUKKERI, ADV., FOR R2 AND R3;

R1- DEAD, R2 AND R3 ARE HIS LRS;

R4 TO R8- NOTICE SERVED)

THIS RSA IS FILED U/SEC 100 CPC AGAINST THE

JUDGMENT AND DECREE DATED: 30.10.2004 PASSED IN

RA.NO. 46/2001 ON THE FILE OF THE DISTRICT &

SESSIONS JUDGE, BAGALKOT, DISMISSING THE APPEAL

AND CONFIRMING THE JUDGMENT AND DECREE DATED:

2.12.1996 PASSED IN OS.NO. 45/1991 ON THE FILE OF

THE PRL.CIVIL JUDGE, JAMKHANDI.

THIS APPEAL COMING ON FOR FINAL HEARING,

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The appeal is directed against the judgment and

decree passed by the learned District Sessions Judge in

R.A.No.46/2001 dated 30.10.2004 wherein the appeal

came to be dismissed by confirming the judgment and

: 4 :

decree passed in O.S.No.45/1991 dated 02.12.1996

passed by the Principal Civil Judge, Jamakhandi.

2.

In order to avoid overlapping and confusion,

the parties are addressed in accordance with their ranks

and status as stated in the Trail Court.

3.

The brief matrix of the case is that the suit was

filed by the widow of Vilas i.e. Smt. Sunita and her two

children by name Praveen and Preeti. The children are

ranked as plaintiffs 1 and 2 being minors were represented

by their next friend and natural mother i.e. plaintiff

No.3/Smt. Sunita. A suit was filed by the above stated

plaintiffs against the defendants 1 to 9 against the

defendants 1 to 9 i.e. defendant No.1/Smt. Savitribai @

Yamutai w/o. Shankararao, defendant No.2/Shri. Uday

S/o. Shankararao Badamikar, defendant No.3/Smt. Veena

w/o. Vasudev Kale, defendant No.4/Smt. Rekha w/o.

Mohanarao Kulakarni, defendant No.5/Smt. Roopa w/o. D.

Ganaphule,

defendant

No.6/Smt.

Varsha

W/o.

V.

Kulakarni, defendant No.7/Kumari Manju D/o. Shankararao

: 5 :

Badamikar, defendant No.8/Smt.Umabai w/o. Laxman

Badamikar

and

defendant

No.9/Shri.

Ganesh

W/o.

Laxmanarao Badamikar seeking 1/8^th share in suit

schedule 8A9 to 8D9 properties.

4.

The

propositus

of

the

family

is

one

Shankararao Badamikar. After the death of his first wife he

married with defendant No.1 and they begot a son and five

sisters, who are defendants 2 to 7 and he had another son

by name Vilas from his first wife Smt. Yamunabai and in

the year 1986 said Shankararao died intestate leaving

behind his son Vilas from his first wife and defendants 1 to

7 as his Class-I heirs. He also left behind the house

property bearing CTS No.226 of Rabakavi village (shown

as <A= schedule property, CTS No.1292 of Mahalingpur and

a petrol bunk in the name and style <Badamikar Brothers=