IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF APRIL 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO. 100888 OF 2022 (PAR/POS)

BETWEEN:

SRI. NAGABHUSHANA S/O. LATE K.G. BASAPPA, AGE: 51 YEARS, OCC: AGRICULTURIST, R/O. BOMMAGATTA VILLAGE, TQ: SANDUR, DIST: BALLARI-583119.

…APPELLANT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)

AND:

1. SMT. SUJATHA D/O. LATE K.G. BASAPPA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. BOMMAGATTA VILLAGE, TQ: SANDUR, DIST: BALLARI-583119.

2. SRI. HALESHI S/O. LATE K.G. BASAPPA, Digitally signed by BHARATHI H M AGE: 39 YEARS, OCC: AGRICULTURE, Location:

HIGH COURT R/O. BOMMAGATTA VILLAGE, OF KARNATAKA, DHARWAD TQ: SANDUR, DIST: BALLARI-583119.

BENCH

3. SMT. NEELAMMA W/O. LATE K.G. BASAPPA, AGE: 69 YEARS, OCC: AGRICULTURIST, R/O. BOMMAGATTA VILLAGE, TQ: SANDUR, DIST: BALLARI-583119.

4. SMT. GIRIJAMMA W/O. VIRUPAKSHAPPA, AGE: 52 YEARS, OCC: AGRICULTURIST, R/O. RAMADURGA VILLAGE, TQ: KUDLIGI, DIST: BALLARI-583119.

5. SMT. CHANNABASAMMA W/O. NAGANNA, AGE: 52 YEARS, OCC: AGRICULTURIST, R/O. SELLEPANAHALLI VILLAGE, TQ: SANDUR, DIST: BALLARI-583119.

6. SMT. SHANKARAMMA W/O. SOMANNA, AGE: 57 YEARS, OCC: AGRICULTURIST, R/O. THONASIGERE VILLAGE, TQ: SANDUR, DIST: BALLARI-583119.

7. SRI. KOTRESH S/O. LATE K.G. BASAPPA, AGE: 47 YEARS, OCC: AGRICULTURIST, R/O. BOMMAGATTA VILLAGE, TQ: SANDUR, DIST: BALLARI-583119.

…RESPONDENTS (NOTICE TO R1-R7 ARE SERVED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.04.2021 IN R.A. NO. 15/2018 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT KUDLIGI SITTING AT SANDUR, AND CONFIRM THE JUDGMENT AND DECREE DATED 10.04.2018 IN O.S. NO.110/2012 PASSED BY THE LEARNED CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SANDUR BY ALLOWING THE ABOVE APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

This is the appeal filed under Section 100 of C.P.C., praying for setting aside the judgment and decree dated 23.04.2021 passed in R.A.No.15/2018 on the file of Senior Civil Judge and J.M.F.C., Kudligi sitting at Sandur and to confirm the judgment and decree dated 10.04.2018 passed in O.S.No.110/2012 on the file of Civil Judge and J.M.F.C., Sandur.

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

3. Plaintiffs have filed the suit for the relief of declaration that the plaintiffs are entitled for 1/4^th share each in suit schedule properties by metes and bounds; to appoint Court Commissioner to affect survey and to submit report to affect partition and to put plaintiffs in possession of their share in suit ‘B’ schedule properties and such other reliefs.

4. The case of plaintiffs before trial Court in nutshell is that, plaintiffs are the children of defendant No.1 through his second wife Smt.Neelamma and they have also got another brother called Kotreshi (defendant No.6). Plaintiffs contended that the suit schedule properties are ancestral and joint family properties and there is no partition amongst plaintiffs and defendants. Defendant No.1 is the father and defendant Nos.2, 4 and 5 are children of defendant No.1 from his first wife Smt.Nagarathnamma. Plaintiff further contended that, defendant No.3 has purchased Item No.1 of suit schedule properties. The said property was sold to her without any legal necessity or family benefit. Defendant No.1 has not obtained consent of plaintiffs and without their knowledge; he has sold Item No.1 of suit schedule properties to defendant No.3. Defendant No.3 is not bonafide purchaser. Plaintiffs demanded defendant No.1 to effect partition and also issued legal notices dated 16.07.2012 and 23.08.2012 to defendant No.1. He has not given reply and again issued legal notice on 15.11.2012, but defendant No.1 has not given share to plaintiffs and he