IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR FIRST APPEAL NO.100146 OF 2020 (PAR/POS)

BETWEEN

1. BHAGYASHREE @ BHAGYA W/O. NARAYAN KULKARNI, AGE: 66 YEARS, OCC: RETD., R/O. BHAGYASRI NARAYAN KULKARNI, BLOCK NO.D-7/4, W.M.S. COMPOUND, BSNL QUARTERS, 47 CROSS, 9^TH MAIN, 5^TH BLOCK, JAYANAGAR, BANGALORE-560011.

2. KUM. CHITRA D/O. NARAYAN KULKARNI, AGE: 30 YEARS, OCC: STUDENT, R/O. BHAGYASRI NARAYAN KULKARNI, BLOCK NO.D-7/4, W.M.S. COMPOUND, BSNL QUARTERS, 47 CROSS, 9^TH MAIN, 5^TH BLOCK, JAYANAGAR, BANGALORE-560011.

3. ADITYA S/O. NARAYAN KULKARNI, AGE: 27 YEARS, OCC: PVT. SERVICE, R/O. BHAGYASRI NARAYAN KULKARNI, BLOCK NO.D-7/4, W.M.S. COMPOUND, BSNL QUARTERS, 47 CROSS, 9^TH MAIN, 5^TH BLOCK, JAYANAGAR, BANGALORE-560011.

GPA HOLDER OF A2 ...APPELLANTS (BY SRI. ANOOP G. DESHPANDE, ADVOCATE)

AND

1. RAMACHANDRA S/O. HANUMANTHRAO KULKARNI, AGE: 57 YEARS, OCC: LEGAL PROFESSION, R/O. C. ANGARAJ BUILDING, 3^RD CROSS, GAVALI GALLI, RAYARMATH ROAD, MALAMADDI, DHARWAD-580007.

2. RAGHVENDRA S/O. HANUMANTHRAO KULKARNI, AGE: 63 YEARS, OCC: GOVT. SERVANT, R/O. SANKALPA, 6^TH MAIN ROAD, MALAMADDI, DHARWAD-580007.

3. HARISH S/O. VIDYADHAR KADNI, AGE: 37 YEARS, R/O. #100, SHRE RAGH RESIDENCY, FLAT NO.508, 5^TH FLOOR, 7^TH CROSS, VIJAY BANK COLONY, BASVAPUR MAIN ROAD, K.R. PURAM, BANGALORE-560036.

4. SMT. PRABHA @ SRIDEVI W/O. SRIKANT NADKARNI, AGE: 55 YEARS, OCC: HOUSE HOLD WORK, R/O. ‘SADHAVAN’, II CROSS, KYATCHARKANHALLI, NEAR MILITARY QUARTERS, KALYAN NAGAR, BANGALORE-560043.

5. SMT. VIDYA W/O. VINOD YARADI, AGE: 53 YEARS, OCC: PVT. SERVICE, R/O. GELEYAR BALAGA, II CROSS, RAJAJI NAGAR, BANGALORE-560010.

…RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R1; NOTICE TO R2-R5 IS DISPENSED WITH)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.11.2019 IN O.S.NO.107/2013 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30.01.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CAV JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

This is the appeal filed under Section 96 CPC R/W Order XLI Rule 1 CPC by defendant No.4 and legal representatives of defendant No.3 challenging the judgment and decree dated 22.11.2019 passed in O.S.No.107/2013 on the file of Principal Senior Civil Judge and CJM, Dharwad (for short, Trial Judge’).

2. Parties would be referred with their ranks, as they were before trial Court for the sake of convenience and clarity.

3. Plaintiff has filed the suit before trial Court praying for Partition and Separate Possession of his 1/4^th share in suit ’A’ schedule property and half share in suit ’B’ schedule property; for Court costs and for such other reliefs.

4. The case of plaintiff before trial Court in nutshell is that defendant No.1 is the father of plaintiff, defendant No.2 and defendant No.3 are sons of defendant No.1 and defendant No.4 is the wife of defendant No.3; after filing the suit he impleaded his sisters i.e. defendant No.5 to 7 who are also daughters of defendant No.1. The contention of plaintiff is that defendant No.1 is a retired Government servant and head of the family of plaintiff and other defendants. He intended to purchase suit ‘A’ schedule property bearing Plot No.8 measuring 2 guntas and 2 annas situated at 1^st main road, Jayanagar-Dharwad. The suit ’A’ schedule property was purchased for a sum of ₹.43,500/- in the name of defendant No.3 from its holder Sri V.P.Desai under registered sale deed dated 03.11.1987. At the time of its purchase, defendant No.1 has paid ₹.36,000/- and defendant No.3 has paid the remaining amount and said property was purchased in the name of defendant Nos.3 & 4 with an intention to get loan because they were serving in BSNL. After purchase, the construction