IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF OCTOBER, 2023 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100216 OF 2021 (FDP-)

BETWEEN:

SMT. *GANGAMMA W/O. SHIVALINGAPPA *GADAD AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO. 188, PRAM HOUSE, NEAR LAXMI TEMPLE, TALUK: GOKAK, DIST: BELAGAVI-591307.

…APPELLANT (BY SRI. SANTOSH P PUJARI, ADVOCATE)

AND:

1. SMT. JAYALAXMI W/O YACHCHARAPPA GADDI AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O: REDDYS BUILDING NEAR MAYUR PARK, YALAKKI SHETTAR COLONY, DHARWAD-580004.

2. SMT. BHARATI W/O VENKATESH KAMATAR GIRIJA A. AGE: 40 YEARS, OCC: HOUSEHOLD WORK, BYAHATTI R/O: C/O: VENKATESH KAMATAR, REDDY BUILDING, YALAKKI SHETTAR COLONY, DHARWAD -580006.

Location:

HIGH COURT OF KARNATAKA 3. SHRI. BASAVARAJ S/O KAMBANNA KURI @ KURIYAVAR AGE: 68 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

4. SMT. KASHAVVA W/O BASAVARAJ KURI @ KURIYAVAR AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O: GADDI, AT POST HEBSUR, TALUKA: HUBBALLI, DIST: DHARWAD.

5. SMT. KALLAWWA W/O HANAMANTAPPA KURI Corrected vide order dated

29.04.2025 Sd/-

(ARHJ)

@ KURIYAVAR, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: SHETTAR GALLI, NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI, DIST: DHARWAD -580020.

6. SHRI. NAGALINGAPPA @ NAGAPPA S/O HANUMANTAPPA KURI @ KURIYAVAR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

7. SMT. UMADEVI D/O HANAMANTHAPPA KURI @ KURIYAVAR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, (AFTER MARRIAGE HER NAME IS SMT. UMADEVI W/O BASAVARAJ HOSAMANI, R/O: C/O: B.T. HOSAMANI ADVOCATE, RAITAR ONI SAVADTTI, DIST: BELAGAVI-591126. 8. SMT. YELLAWWA @ YELLAKKA W/O DEVAPPA AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: INGALAHALLI, TALUK: HUBBALLI, DIST: DHARWAD-581212.

9. SHRI. GURUSIDDAPPA S/O KAMBANNA KURI @ KURIYAVAR, SINCE DECEASED REPRESENTED BY LEGAL REPRESENTATIVES.

9A. SMT. MALLAWA W/O GURUSIDDAPPA KURIYAR AGE: 48 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

9B. SMT. KAVITA D/O GURUSIDDAPPA KURIYAR AGE: 28 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

9C. SMT. BHAGYA D/O GURUSIDDAPPA KURIYAR AGE: 24 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

9D. SMT. SAVITA D/O GURUSIDDAPPA KURIYAR AGE: 22 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

10. SHRI. MALLIKARJUN @ MALLAPPA S/O KAMBANNA KURI @ KURIYAVAR, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

11. SMT. SHEKHAVVA CALLING HERSELF AS WIFE OF BASAVARAJ KURI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: SHETTAR GALLI (ONI), NEAR GANESH PETH, BASAVANNA TEMPLE, HUBBALLI -580020.

…RESPONDENTS (BY SRI. SHIVARAJ S BALLOLI, ADVOCATE FOR R3, R5, R6, R10 AND R11;

NOTICE TO R8, R9(A), R9(C) AND R9(D) SERVED;

R1, R2, R4, R9B - SERVICE HELD SUFFICIENT;

R7 - PLACED EXPARTE; R9 - DECEASED)

THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., 1908, PRAYING TO CALL FOR THE RECORDS IN FINAL DECREE DATED: 26.09.2019 PASSED IN FDP NO.50/2017 ARISING OUT OF OS NO.59/2012 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI. ALLOW THE APPEAL AND SET ASIDE FINAL DECREE DATED 26.09.2019 PASSED IN FDP NO.50/2017, ARISING OUT OF OS NO.59/2012 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUSGE, HUBBALLI, VIDE ANNEXURE-A.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

JUDGMENT

A daughter born before 1956 is denied equal share in a suit for partition. Said daughter was defendant No.3. She did not contest the suit. Thus, there was an exparte decree against her which was delivered on 13.01.2015.

2. The final decree proceeding was initiated pursuant to the preliminary decree referred to above. Final decree is drawn