HC-KAR IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR FIRST APPEAL NO.100192 OF 2021 (DEC/POS)

C/W REGULAR FIRST APPEAL NO.100293 OF 2025 IN RFA No. 100192/2021 BETWEEN:

1. SMT.JAYADEVI W/O. SIDDLINGAYYA HIREMATH, AGE: 43 YEARS, OCC. HOUSEHOLD WORK, R/O.BATAKURKI, TQ. RAMDURG, DIST. BELAGAVI-591123.

2. KUMARI NEELAMMA VIJAYALAKSHMI D/O.SIDDALINGAYYA HIREMATH, M KANKUPPI AGE: 24 YEARS, OCC. STUDENT, R/O.BATAKURKI, TQ. RAMDURG, Digitally signed by V K I A J N AY K A U L P A P K I SHMI M DIST. BELAGAVI-591123.

Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD

3. KUMARI GANGAVVA @ GANGA D/O.SIDDALINGAYYA HIREMATH, AGE: 20 YEARS, OCC. STUDENT, R/O.BATAKURKI, TQ. RAMDURG, DIST. BELAGAVI-591123.

4. KUMARI POOJA D/O.SIDDALINGAYYA HIREMATH, AGE: 19 YEARS, OCC. STUDENT, R/O.BATAKURKI, TQ. RAMDURG, HC-KAR DIST. BELAGAVI-591123.

…APPELLANTS (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE)

AND:

1. SMT. MALLAVVA W/O. SANGANBASAYYA HIREMATH, SINCE DECEASED, LRS ARE ALREADY ON RECORD AS R2 AND R3

2. SMT. MURIGEVVA W/O. GURUNATH HIREMATH, AGE: 50 YEARS, OCC. HOUSEHOLD WORK, R/O.BATAKURKI, TQ. RAMADURG, DIST. BELAGAVI-591123.

3. SMT. ANNAKKA W/O.SIDDALINGAYYA HIREMATH, AGE: 40 YEARS, OCC. HOUSEHOLD WORK, R/O.DEVRAJ URS COLONY, KOPPAL, TQ. KOPPAL, DIST. KOPPAL-582114.

…RESPONDENTS (BY SRI.SOURABH MIRGE, ADVOCATE FOR SRI.SHIVARAJ S. BALLOLLI, ADVOCATE FOR R2;

R3-NOTICE SERVED;

R1-DECEASED (R2 AND R3 ARE TREATED AS LRS OF R1)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 02.01.2021 IN O.S.NO.11/2013 AND TO DISMISS THE SUIT FILED BY THE RESPONDENTS NO.1 AND 2 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

HC-KAR IN RFA NO. 100293/2025 BETWEEN:

1. SMT.JAYADEVI W/O. SIDDALINGAYYA HIREMATH, AGE: 53 YEARS, OCC. HOUSEHOLD WORK, R/O. BATAKURKI, TQ. RAMADURGA, DIST. BELAGAVI. PIN-591123.

2. NEELAMMA D/O. SIDDALINGAYYA HIREMATH.

AGE: 31 YEARS, OCC. AGRICULURE AND HOUSEHOLD WORK, R/O. BATAKURKI, TQ. RAMADURGA, DIST. BELAGAVI, PIN-591123.

3. GANGAVVA D/O. SIDDALINGAYYA HIREMATH, AGE: 29 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BATAKURKI, TQ. RAMADURGA, DIST. BELAGAVI, PIN-591123.

4. POOJA D/O. SIDDALINGAYYA HIREMATH, AGE: 27 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BATAKURKI, TQ. RAMADURGA, DIST. BELAGAVI, PIN-591123.

…APPELLANTS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

AND:

SMT.MALLAWWA W/O. SANGANBASAYYA HIREMATH, SINCE DIED REPRESENTED BY HER LRS.

1. SMT.MURIGEVVA W/O. GURUNATH HIREMATH, AGE: 60 YEARS, HC-KAR OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. BATAKURKI, TQ. RAMADURGA, DIST. BELAGAVI, PIN-591123.

2. SMT. ANNAKKA W/O. SIDDALINGAYYA HIREMATH, AGE: 46 YEARS, OCC. HOUSEHOLD WORK, R/O. DEVARAJ ARAS COLONY, KOPPAL, TQ. KOPPAL, DIST. KOPPAL, PIN-583231.

…RESPONDENTS (BY SRI.SOURAB MIRGE, ADVOCATE FOR SRI.SHIVARAJ S. BALLOLI, ADVOCATE FOR R1;

R2-NOTICE SERVED)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE FINAL DECREE DATED 22.11.2023 IN FDP NO 09/2015 PASSED BY THE SENIOR CIVIL JUDGE RAMDURGA AND TO DISMISSED THE FDP FILED BY THE RESPONDENT NO.1 AND 2 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B.

HC-KAR

ORAL JUDGMENT

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

Even though the appeals are listed for admission, with the consent of both sides, heard the appeals on merits.

IN RFA NO.100192/2021

2. This is the appeal filed under Section 96 of the Code of Civil Procedure(C.P.C) praying for setting aside the judgment and decree dated 02.01.2021 in O.S.No.11/2013 on the file of Senior Civil Judge, Ramadurg by defendant Nos.2 to 5.

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