IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 100781 OF 2024 (PAR/POS)

BETWEEN:

1. LAXMIBAI W/O. LATE RAVI JADHAV, AGE: 42 YEARS, OCC: HOUSEHOLD WORK.

2. ABHISHEK S/O. LATE RAVI JADHAV, AGE: 20 YEARS, OCC: STUDENT.

3. AKSHATA D/O. LATE RAVI JADHAV, AGE: 18 YEARS, OCC: STUDENT, ALL ARE R/O. HONNAKATTI, TQ. DT. BAGALKOT-587111.

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High …APPELLANTS Court of Karnataka, Dharwad Bench (BY SRI HARISH B. S., ADVOCATE.)

AND:

1. SMT. SHOBHA W/O. SUBHAS PAWAR, BEFORE MARRIAGE SHOBHA D/O. MANOHAR JADHAV, AGE: 38 YEARS, OCC: HOUSE HOLD, R/O. KANAMADI, TQ. DT. VIJAYAPUR-586114.

2. KASHIBAI W/O. MANOHAR JADHAV, AGE: 65 YEARS, OCC: HOUSE HOLD, R/O. HONNAKATTI, TQ. DT. BAGALKOT-587111.

3. SARAJIRAO S/O. MANOHAR JADHAV, AGE: 43 YEARS, R/O. HONNAKATTI, TQ. DT. BAGALKOT-587111.

…RESPONDENTS (BY SMT. GEETHA K. M., ADV. FOR R1 TO R3)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 17.09.2019 PASSED BY THE 1^ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BAGALKOT IN O.S.NO.18/2018 AND SET ASIDE THE JUDGMENT AND DECREE DATED 09.07.2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT- I BAGALKOT, AT BAGALKOT IN R.A.NO.219/2019, AND CONSEQUENTLY DISMISS THE SUIT BEARING O.S.NO.18/2018 FILED BY THE RESPONDENT NO.1 AND ETC.

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

ORAL JUDGMENT

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

This regular second appeal is filed by defendant Nos.3 to 5 challenging the judgment decree dated 09.07.2024 passed in RA No.219/2019 on the file of Additional District and Sessions Judge, Fast Track Special Court-I Bagalkot, Hereinafter referred to as “first appellate Court” by confirming and judgment and decree dated 17.09.2019 passed in O.S.No.18/2018 on the file of I Additional Senior Civil Judge and JMFC, Bagalkot, Hereinafter referred to as “trial Court”, while reserving liberty to defendant Nos.3 to 5 to file a separate suit for partition in respect of the house and site properties bearing VPC Nos.270A, 270B and 270C

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

3. The plaintiff has filed a suit for partition and separate possession of the suit schedule properties, which are landed properties.

4. The admitted genealogy is as follows.

Manohar S/o. Ramachandra Jadhav-(Propositus)(Died Kashibai W/o. Manohar Jadhav-(Wife)(Age: 65)

Sanjerav S/o. Shobha W/o. Ravi S/o. Manohar Jadhav Manohar Jadhav Suresh Pawar Son (Died)

Son (Age: 40) Daughter (Age 37)

Laxmibai W/o. Ravi Jadhav (Daughter in law, Age: 34)

Abhishek Akshata S/o. Ravi Jadhav S/o. Ravi Jadhav (Grandson, Age: 15) (Granddaughter, Age:13)

5. The suit schedule properties are follows.

Sl.No. R.S.No. Area Asse. Market Value

1. 62/1B 02A-09G. 4.60 Paise 14,00,000/- 2. 62/2B 01A-31G. 3.67 Paise 10,00,000/-

6. The trial Court decreed the suit by granting 1/4^th share to the plaintiff and awarded half share each to defendant Nos.1 and 2 in the suit schedule properties. 7. Being aggrieved by the same, defendant Nos.3 to

5 have preferred a Regular Appeal before the First Appellate Court and the First Appellate Court confirmed the judgment and decree passed by the trial Court and reserved liberty to defendant Nos.3 to 5 to file a separate suit for partition in respect of the house and site properties bearing VPC Nos.270A, 270B and 270C.

8. Being aggrieved by the order of First Appellate Court, defendant Nos.3 to 5 have preferred the present Regular Second Appeal.

9. This Court, on 30.01.2025, framed the following substantial questions of law:

1. Whether the First Appellate Court has committed an error in directing defendants No.3 to 5 file separate suit seeking partition?.

2. Whether th