IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO.100344 OF 2017 (PAR)

C/W RFA CROSS OBJ NO.100001 OF 2019 IN RFA NO.100344/2017 BETWEEN:

1. PARVATEVVA W/O. ANDANGOUDA PATIL, AGE: 68 YEARS, OCC: H/W, R/O: NAGARMADU, TAL: SHIRAHATTI, DIST: GADAG-582101.

2. SHANTAVVA W/O. RAMAPPA PUJAR, AGE: 63 YEARS, OCC: H/W, R/O: NAGARMADU, TAL: SHIRAHATTI, DIST: GADAG-582101.

…APPELLANTS.

(BY SRI RAMESH I. ZIRALI, ADVOCATE.)

D igitally signed by MALLIKARJUN AND:

RUDRAYYA KALMATH Location: H IGH 1. SMT. SATYAWWA W/O. ASHOK PUJAR, COURT OF KARNATAKA AGE: 45 YEARS, OCC: H/W, R/O: KOGANUR, TAL: SHIRAHATTI, DIST: GADAG-582101.

2. SHILPA D/O. BASAPPA PUJAR, AGE: 28 YEARS, OCC: H/W, R/O: KOGANUR, TAL: SHIRAHATTI, DIST: GADAG-582101.

3. HALANGOUDA A/F FAKIRAGOUDA PATIL, AGE: 44 YEARS, OCC: TEACHER, R/O: NAGARMADU, TAL: SHIRAHATTI, DIST: GADAG - 582101.

4. GIRIJAWWA W/O. ISHWARAPPA UNDADI, AGE: 50 YEARS, OCC: H/W, R/O: SHIRUND, TAL: AND DIST: GADAG-582101.

5. HOLALAPPA S/O. DYAMAPPA ITAGI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: ANKALI, TAL: SHIRAHATTI, DIST: GADAG-582101.

…RESPONDENTS.

(BY SRI J.S. SHETTY, ADVOCATE FOR C/R1 AND R2;

R3, R4 AND R5 – NOTICE SERVED.)

THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.08.2017 PASSED IN O.S.NO.86/2009, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG, BY ALLOWING THIS APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY.

IN RFA CROB.NO.100001/2019 BETWEEN:

1. SATYAVVA W/O. ASHOK PUJAR, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: KOGANUR, TALUK: SHIRAHATTI, DISTRICT: GADAG-582120.

2. SHILPA D/O. BASAPPA PUJAR, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O: KOGANUR, TALUK: SHIRAHATTI, DISTRICT: GADAG-582120.

…CROSS OBJECTORS.

(BY SRI J.S.SHETTY, ADVOCATE.)

AND:

1. HALANAGOUDA ADOPTED FATHER FAKIRGOUDA PATIL, AGE: 45 YEARS, OCC: TEACHER, R/O: NAGARAMADU, TALUK: SHIRAHATTI, DISTRICT: GADAG-582120.

2. GIRIJAWWA W/O. ISHWARAPPA UNDADI, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O: SHIRUND, TALUK: GADAG, DISTRICT: GADAG-582101.

3. HOLALAPPA S/O. DYAMAPPA ITAGI, AGE: 59 YEARS, R/O: ANKALI, TQ: SHIRAHATTI, DIST: GADAG-582101. 4. SMT. PARVATEVVA W/O. ANANDAGOUDA PATIL, AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O: NAGARAMADU, TALUK: SHIRAHATTI, DISTRICT: GADAG.

5. SMT. SHANTAVVA W/O. RAMAPPA PUJAR, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: NAGARAMADU, TALUK: SHIRAHATTI, DISTRICT: GADAG.

…RESPONDENTS (BY SRI RAMESH I. ZIRALI, ADVOCATE FOR R4 AND R5;

R1 TO R3 – (APPEAL DISMISSED AGAINST R1 TO R3 V/O DATED

08.12.2023).

THIS CROSS OBJECTION IN RFA NO.100344/2017 IS FILED UNDER ORDER 41 RULE 22 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.08.2017 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG, IN O.S.NO.86/2009 INSOFAR AS IT RELATES TO REJECTION OF PLAINTIFFS CLAIM OVER THE SUIT SCHEDULE 1(B) PROPERTIES IS CONCERNED, BY ALLOWING THIS APPEAL AND DECREEING THE SUIT OF THE PLAINTIFFS IN ITS ENTIRETY, WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.

THESE REGULAR FIRST APPEAL AND CROSS OBJECTION COMING ON FOR FURTHER ARGUMENTS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appeal in RFA No.100344/2017 is filed by the defendants No.4 and 5 in the suit, challenging the judgment and decree dated 05.08.2017, passed by the Addl. Senior Civil Judge, Gadag, in O.S.No.86/2009, whereas cross objection in RFA bearing RFA CROB No.100001/2018 is filed by the plaintiffs No.1 and 2 in the suit, for modification of the judgment and decree passed by the trial Court.

2. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court.

3. The plaintiffs have shown the genealogy as follows:

Hanmanthgouda / Dyamawwa Yallavva Fakiragouda Bharamavva Andangouda (Died) /Gangavva /=Parvate