IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.100255/2025 (PAR/POS)

BETWEEN:

1. SMT. RADHAVVA W/O. SADASHIV KAMBALE, AGE: 65 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. YALLATTI-587311, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT. 2. PARASHURAM S/O. SADASHIV KAMBALE, AGE: 45 YEARS, OCC. AGRICULTURE, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

3. SMT. PARAVVA @ PARAWWA W/O. SHIVAPPA TALAWAR, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

Digitally signed by 4. HANAMANT S/O. SADASHIV KAMBALE, MALLIKARJUN RUDRAYYA KALMATH AGE: 33 YEARS, OCC: AGRICULTURE, Location: High C Ka o r u n r a t t o a f ka, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, Dharwad Bench DIST. BAGALKOT, PIN-587311. 5. RUKMAVVA @ RUKMAWWA W/O. MAHESH GUDDAKKANAVAR, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O. TERDAL, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587315.

6. NAGAPPA S/O. SADASHIV KAMBALE, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

7. RAJU S/O. SADASHIV KAMBALE, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

8. KUMARI. SHOBHA D/O. SADASHIV KAMBALE, AGE: 24 YEARS, OCC: AGRICULTURE, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

…APPELLANTS (BY SRI VIJAYKUMAR B. HORATTI, ADVOCATE)

AND:

1. SMT. SUSHILAVVA W/O. BASAPPA KAMBALE, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

2. SMT. DRUPATAVVA W/O. BASAPPA KAMBALE, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. YALLATTI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311.

3. SMT. BHAGAVVA @ BAGAWWA W/O. SHIVAPUTRA BHARAMAPPAGOL, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. TAMADADDI, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587315.

…RESPONDENTS (BY SRI GIRISH YADAWAD AND SMT. DIVYA J. DESHPANDE, ADV. FOR R1 & R2;

NOTICE TO R3 SERVED)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.01.2025 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, BANAHATTI IN REGULAR APPEAL NO.16/2024 AND THE JUDGMENT AND DECREE DATED

16.09.2022 PASSED BY THE COURT OF THE CIVIL JUDGE AND JMFC, BANAHATTI IN O.S.NO.67/2015 AND ETC.

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

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

Though the appeal is listed for admission, with consent of both the learned counsel appearing on behalf of the parties, the matter is taken up for final disposal.

2. This Regular Second Appeal is filed by the defendants calling in question the judgment and decree dated 22.01.2025 passed in R.A.No.16 of 2024 by the Senior Civil Judge and JMFC, Banahatti¹, which confirmed the judgment and decree dated 16.09.2022 passed in O.S.No.67 of 2015 by the Civil Judge and JMFC, Banahatti2 by dismissing the regular appeal on the application I.A.No.I filed under Section 5 of the Limitation Act, 1963, seeking to condone the delay.

hereinafter referred to as ‘the First Appellate Court’ for short

hereinafter referred to as ‘the Trial Court’ for short

3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

4. The plaintiffs have filed the suit for partition and separate possession with following genealogy:

Genealogy Basappa ((died on 14.08.1979)

Yamanawwa (Died) (wife)

Shushilawwa (P-1) Drapatawwa (P-2) Sadashi (died)

Parashuram Bagawwa Parawwa Hanumant Rukmawwa Nagappa Raju Shobha (D-2) (D-3) (D-4) (D-5) (D-6) (D-7) (D-8) (D-9)

5. It is contended by the plaintiffs that the suit schedule properties in question are the ancestral and joint family properties; therefore, they prayed for partition of the suit schedule properties, as the relationship between t