IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 07^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.101394/2022 (PAR/POS)

BETWEEN:

VENKATESH S/O. FAKIRAPPA DEVARADDI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. HOSAYARGUDRI, TQ. GOKAK.

…APPELLANT (BY SRI S.B.HEBBALLI AND SMT. CHITRA M. GOUNDALKAR, ADVOCATES.)

AND:

1. KASHAVVA D/O. SADASHIV SANTI @ RANJANAGI, AGE: 52 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O. METAGUD, TQ. MUDHOL, Digitally signed by NOW AT MUDALAGI, TQ. MUDALAGI, MALLIKARJUN RUDRAYYA DIST. BELAGAVI-590001.

KALMATH L C o o c u a r t t i o o n f : K H ar ig n h ataka, Dharwad Bench

2. LAXMIBAI W/O. FAKIRAPPA DEVARADDI, AGE: 72 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O. HOSAYARGUDRI, TQ. GOKAK, DIST. BELAGAVI-590001.

3. SRI RUDRAPPA S/O. RAMAPPA SANTI, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. METGUD, TQ. MUDHOL, DIST. BAGALKOT-587101.

4. SRI SHANKREPPA S/O. RAMAPPA SANTI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. METGUD, TQ. MUDHOL, DIST. BAGALKOT-587101.

5. SMT. PADDAVVA W/O. RANGAPPA GANGARADDI, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O. KAMALADINNI, TQ. MUDHOL, DIST. BAGALKOT-590001.

…RESPONDENTS (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE FOR R1;

NOTICE TO R2 SERVED;

NOTICE TO R3 TO R5 DISPENSED WITH.)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.09.2020 PASSED IN R.A.NO.1/2019, ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, GOKAK, MODIFYING THE JUDGMENT AND DECREE DATED 15.12.2018 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, MUDALAGI, IN O.S.NO.90/2014 (OLD O.S.NO.503/2009) AND RESTORE THAT OF THE TRIAL COURT IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL JUDGMENT

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

This appeal is filed by defendant No.7 challenging the judgment and decree dated 05.09.2020, passed in R.A.No.01/2019, on the file of Principal Senior Civil Judge, Gokak (for short, ‘First Appellate Court’), which set aside and modified the judgment and decree dated 15.12.2018, passed in O.S.No.90/2014 (old No.503/2009), on the file of Civil Judge and JMFC, Mudalagi (for short, ‘Trial Court’). 2. The Trial Court has decreed the suit to the effect that the plaintiff is entitled for half share in the suit schedule item Nos.1 to 3 properties and 1/3^rd share in the suit schedule item Nos.4 and 5 properties.

3. The above said decree is modified by the First Appellate Court holding that the plaintiff is entitled for half share in suit item Nos.1 to 5 properties and defendant No.3 is entitled for remaining half share in the suit schedule item Nos.1 to 5 properties.

4. The Trial Court has held execution of Will by defendant No.1 bequeathing the properties in favour of defendant No.7 (appellant herein) is proved, but the First Appellate Court has reversed this finding of execution of Will and thus no share is given to defendant No.7. Therefore, defendant No.7 has preferred the present appeal.

5. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court.

6. The plaintiff has filed suit for partition and separate possession for claiming half share in the suit schedule properties and for declaration that the decree passed in O.S.No.260/1996 dated 16.06.2001, by the Court of Additional Civil Judge, Mudhol, is not binding on the share of the plaintiff.

7. The following are the suit schedule properties.

“1. Description of suit properties:

The suit properties are the agricultural lands situate within the village limits of Yargudri village Tal. Gokak and Mallapur, P.J. Tal. Mudhol, as detailed below:

8. The plaintiff has produced the genealogy as follows:

Mallappa (Dead) Lakkavva (Dead)

Laxmibai (Plaintiff) Sadashiv (D1)

Gangavva(D2) Kashavva (D3)

9. In the suit, it is the case of the plaintiff that the suit schedule item Nos.1 to 3 were granted to Lakkawwa wife