IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO.504 OF 2007 (PAR)

BETWEEN

1. SMT. KOPPAKA KAMALAMMA W/O. HANUMANTHA RAO, (THE APPEAL HAS ABATED AS AGAINST APPELLANT NO.1 VIDE ORDER DATED 29.03.2022)

2. KANIMILLI BRAMHARJUNA RAO, S/O. ANANDA RAO, AGED ABOUT 34 YEARS, R/O. TONDIHAL CAMP, GANGAVATHI TALUK.

3. KANIMILLI VENKATESHWARA RAO, S/O. ANANDA RAO, AGED ABOUT 30 YEARS, R/O. TONDIHAL CAMP, GANGAVATHI TALUK.

...APPELLANTS (BY SRI. K. RAGHAVENDRA RAO &

SMT. V. VIDYA, ADVOCATE)

AND

1. SMT. ALAPATI SHAMALAMMA, SINCE DEAD BY HER LRS

1A. A SATYANARAYANA, S/O. BASAVA KOTAIAH, AGED ABOUT 75 YEARS

1B. BUDDHA BHAGAVAN, S/O. SATYANARAYANA, AGED ABOUT 51 YEARS, 1C. NANDA KUMARA, S./O. SATYANARAYANA, AGED ABOUT 45 YEARS, RESPONDENT NO.1(A) TO 1(C) ARE RESIDING AT JAYANAGAR, GANGAVATHI TOWN, KOPPAL TALUK.

2. SMT. G. SUSHEELAMMA, SINCE DEAD BY HER LEGAL REPRESENTATIVES

2A. GOGINENI NAGAIAH, S/O. LATE SRIKOTTAIAH, AGED ABOUT 68 YEARS, R/AT ASHRAMA ROAD, GODAVALLI VILLAGE, CHERUKUPALLI MANDALAM, BAPATLA, GUNTUR DISTRICT, ANDHRA PRADESH-522 101.

2B. MUSUNURI SWARNAKUMARI, D/O. LATE SRIKOTTAIAH, AGED ABOUT 70 YEARS, R/AT NO.407, VIVEKANANDA TOWERS, OPP. TO KANAKA DURGA TEMPLE, HYDERABAD, TELANGANA-500084.

2C. SMT. UMADEVI, D/O. LATE SRIKOTTAISH, AGED ABOUT 66 YEARS, R/AT NO.504, VIVEKANANDA TOWERS, OPP. TO KANAKA DURGA TEMPLE, HYDERABAD, TELANGANA-500 084.

2D. SMT. DEVABHAKTINI ANURADHA.

D/O. LATE SRIKOTTAIAH, AGED ABOUT 64 YEARS, R/AT NO.1104-D APARNA CYBERLIFE, NEAR CITIZEN HOSPITAL, NALLA GONDLA POST, HYDERABAD, TELENGANA.

…RESPONDENTS (BY SRI. S.G. AKKI, ADVOCATE FOR R1(A-C);

R2-ABATED; SRI. A.B. PATIL, ADVOCATE FOR R2(B &D);

R2(A) & R2(C) ARE HELD SUFFICIENT)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVL PROCEDURE PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE PASSED BY THE LEARNED CIVIL JUDGE (SR. DVN.) AT GANGAVATHI IN R.A.NO.37/2006 DATED 25.11.2006 AND ALSO THE JUDGMENT AND DECREE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE ((JR. DN) GANGAVATHI IN O.S.NO.24/2001 DATED 7.4.2006 AND ALLOW THIS REGULAR SECOND APPEAL WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE.

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 second appeal filed under Section 100 OF Civil Procedure Code (in short CPC) by original defendant Nos.1 to 3 against plaintiff and defendant No.4 challenging the judgment and decree dated 25.11.2006 in Regular Appeal No.37/2006 on the file of Civil Judge (Sr.Dvn.) at Gangavathi (for short ‘First Appellate Court’) and Judgment and Decree dated 07.04.2006 in O.S. No.24/2001 on the file of Additional Civil Judge (Jr. Dvn.,) Gangavathi (for short ‘trial Court’).

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

3. Plaintiff has filed the suit before trial Court for the relief of partition and separate possession of her share in suit schedule property bearing Survey No.62/A1/2 measuring 1 acre 20 guntas, situated at Thondihal Village, Gangavathi Taluk, Koppal District.

4. The case of plaintiff before trial Court in a nutshell is that plaintiff and defendant No.1 are daughters of one Meka Jaganatham and they have an eldest daughter Smt.G.Sushilamma (later impleaded as defendant No.4), who was given in marriage long back and at that time, she has taken sufficient gold and cash from plaintiff and defendant No.1 in lieu of her share by relinquishing her share in suit schedule property. Hence, both plaintiff and defendant No.1 will have equal half share in the suit schedule property. However, after the death of their father, the defendant No.1 in collusion with revenue authorities got mutated one acre into her name and 20 guntas into t