IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1087 OF 2018 (PAR)

BETWEEN:

1. MRS. MAHADEVAMMA

W/O MAHESHWARAPPA, AGED ABOUT 57 YEARS,

PRASHANTHNAGAR,

HARIHARA, HALEBATHI ROAD,

HARIHAR-577 601.

2. MRS. LALITHAMMA @ SIDDAMMA

D/O MARULASIDDAPPA, AGED ABOUT 54 YEARS, HOLESIRIGERE VILLAGE,

K.N. HALLI ROAD,

HARIHAR TALUK-577 601.

…APPELLANTS

(BY SRI SANATHKUMAR SHETTY K, ADVOCATE)

AND:

SMT. G. SAVITHRAMMA

W/O L.M. REVANASIDDAPPA,

AGED ABOUT 44 YEARS,

C/O NO.5465, 1^ST MAIN, 4^TH CROSS,

BANASHANKARI LAYOUT,

NEAR NH4 ROAD,

DAVANGERE-577 004.

…RESPONDENT

(BY SRI HANUMANTHAPPA, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 ORDER XLI RULE

1 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 17.03.2018 PASSED IN O.S.NO.73/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present