IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23^RD 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.100207 OF 2019 BETWEEN SMT. RENUKA W/O. PRABHU K., AGED ABOUT 51 YEARS, R/O. MCC ‘B’ BLOCK, DAVANAGERE.

...APPELLANT (BY SMT. SURABHI KULKARNI, ADVOCATE)

AND

1. SRI. SHANTAPPA S/O. SIDDAPPA, AGED ABOUT 81 YEARS, SINCE DECEASED BY HIS LR’S.

2. SMT. SUMATI W/O. SIDDAPPA CHITTARAGI, AGED ABUT 43 YEARS, R/O. DOOR NO.79, BASAVARAJAPET, DAVANAGERE.

3. SAGAR SIDDAPPA CHITTARAGI, AGED ABOUT 21 YEARS, R/O. DOOR NO.79, BASAVARAJAPET, DAVANAGERE.

4. KUM. RAKSHITHA D/O. SIDDAPPA CHITTARAGI, AGED ABOUT 16 YEARS, R/O. DOOR NO.79, BASAVARAJAPET, DAVANAGERE.

(MINOR R/BY MOTHER &

NATURAL GUARDIAN I.E. R2)

5. SMT. MANJUAL W/O. BASAVARAJAPPA ANAJI, AGED ABOUT 47 YEARS, R/O. K.E.B. QUARTERS, HADADI ROAD, BEHIND ZILLA PANCHAYAT OFFICE, LOKIKERE ROAD, DAVANAGERE-577 044.

RESPONDENTS NO.2 TO 5 HAVE BEEN TREATED AS THE LEGAL HEIRS OF DECEASED RESPONDENT NO.1 VIDE ORDER DATED 05.03.2022

6. SRI. CHANDRASHEKHARAGOUDA S/O. GADIGEPPAGOUDA AGED ABOUT 73 YEARS, R/O. DOOR NO.4487/3, WARD NO.2, BEHIND I.B., VIJAYANAGARA EXTENSION, ILKAL, TQ: HUNGUND, DIST: BAGALKOTE.

7. SMT. SANGAMMA W/O. SHARANAPPAGOUDA, AGED ABOUT 36 YEARS, R/O. CHIKKASINGANAGUTTI, POST: HIRESINGANAGUTTI, TALUK: HUNGUND, DISTRICT: BAGALKOTE.

8. SRI. GADIGEPPA W/O. SHARANAPPAGOUDA, AGED ABOUT 21 YEARS, R/O. CHIKKASINGANAGUTTI, POST: HIRESINGANAGUTTI, TALUK: HUNGUND, DISTRICT: BAGALKOTE.

9. SMT. NEELAMMA CHANDRASHEKHAR PATEL, AGED ABOUT 69 YEARS, R/O. DOOR NO.4483/3, WARD NO.2, BEHIND I.B., VIJAYANAGARA EXTENSION, ILKAL, TQ: HUNGUND, DIST: BAGALKOTE.

…RESPONDENTS (BY SRI. ANAND R. KOLLI, ADVOCATE FOR R6;

SRI. S.B. HEBBALLI, ADVOCATE FOR R7-R9;

NOTICE TO R2, R3, R5 IS SERVED;

R1 IS DECEASED (APPELLANT AND R2-R5 ARE TREATED AS LRS OF DECEASED R1)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 13.02.2019 PASSED IN O.S.NO.36/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, HUNGUND, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.02.2026 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 of Code of Civil Procedure, 1908 (for short, ‘CPC’) by the plaintiff/appellant challenging the judgment and decree dated 13.02.2019 passed in O.S.No.36/2016 on the file of Senior Civil Judge, Hungund (for short, ‘Trial Court’), wherein the suit of plaintiff was dismissed.

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 praying for partition and separate possession of her 8/100^th share in suit schedule properties by metes and bounds and to effect final decree by issuance of direction to Tahasildar; to award mesne profits under Order XII Rule 20 of CPC; for relief of permanent injunction restraining the defendants from alienating suit schedule properties by way of sale, gift, mortgage, Will or lease; for Court costs and for such other reliefs.

4. The genealogy as narrated by the plaintiff before the Trial Court is as under:

GENEALOGY Kotrappagouda Patil Gadigeppagouda Basavva (1st wife) Iramma(2^nd wife)

(Died)

Son Sharanappagouda (Died)

Shantavva (Died) Chandrashekargouda Wife Sangamma (D-7)

Husband (D-6)

Shantappa (D-1) Son Gadigeppagouda (D-8)

Renuka Siddappa Manjula (Plf) (Died) (D-5)

+Wife Sumati(D-2)

Sagar (D-3)

Rakshita (D-4)

5. The case of the plaintiff before Trial Court in nutshell is that, according to this genealogy, plaintiff is the granddaughter of Gadigeppagouda Patil and Basavva and suit schedule properties are ancestral properties of plaintiff and defendants. Due to difference of opinion between the original propositus and his first wife-Basavva, their marriage was dissolved