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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF APRIL 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.
REGULAR SECOND APPEAL NO. 100907 OF 2025 (FDP)
BETWEEN:
1. SMT. GIRIJAMMA W/O. SRI. PARAMESHWARAPPA, D/O. LATE CHIKKAPLA CHANNABASAPPA, AGED ABOUT 70 YEARS, OCC: NIL, R/O. ALAGANCHIKERE VILLAGE, YEDEHALLI POST, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA.
2. SMT. BASAMMA W/O. LATE K. PARAMESHWARAPPA D/O. LATE CHIKKAPLA CHANNABASAPPA, AGED ABOUT 65 YEARS, OCC: NIL, 3. SRI. REVANASIDDAPPA S/O. LATE CHIKKAPLA CHANNABASAPPA, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, GIRIJA A.
BYAHATTI
4. SMT. C. MALLAMMA Digitally signed by W/O. LATE CHIKKAPLA UMAPATHI GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA, AGED ABOUT 50 YEARS, DHARWAD BENCH OCC: HOUSEHOLD WORK, 5. SRI. C. BASAVARAJA S/O. LATE CHIKKAPLA CHANNABASAPPA, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, APPELLANTS NO. 2 TO 5 R/O. CHIKKAMEGALAGERI, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA- 580008.
6. SMT. C. SHOBHA W/O. KADEMANE SHANTHAPPA, D/O. CHANNABASAMMA C.
AGED ABOUT 46 YEARS, OCC: HOUSEHOLD WORK, R/O. MASKAL MARADI, TANIGERE POST, TQ. CHANNAGIRI- 577213.
7. SMT. KAMALAMMA W/O. C. SHARANAPPA, AGED ABOUT 70 YEARS, OCC: NIL, R/O. MEGALAGERE VILLAGE, TQ. HARAPANAHALLI- 583131.
8. SRI. GANGADHARA S/O. LATE C. SHARANAPPA, AGED ABOUT 48 YEARS, OCC: AGRICULTURIST, 9. SRI. REVANASIDDAPPA S/O. LATE C. SHARANAPPA, AGED ABOUT 42 YEARS, OCC: AGRICULTURIST, APPELLANTS NO. 8 & 9 ARE R/O. CHIKKAMEGALAGERE, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA- 561208.
10. SMT. MANJAMMA W/O C. SHARANAPPA, AGED ABOUT YEARS, OCC: AGRICULTURE, R/O. KARIGANUR VILLAGE, TQ: CHANNAGIRI, DIST: DAVANAGERE- 577001
11. SRI. C. MALLIKARJUNAPPA S/O. LATE C. KOTRAPPA AGED ABOUT 75 YEARS, OCC: AGRICULTURIST, 12. SRI. C. GANDEPPA @ GOVINDAPPA S/O. LATE C. KOTRAPPA AGED ABOUT 71 YEARS, OCC: AGRICULTURIST, 13. SRI. PARAMESHWARAPPA S/O. LATE C. KOTRAPPA AGED ABOUT 65 YEARS, OCC: AGRICULTURIST, 14. SMT. REVAKKA W/O. A. RUDRAPPA D/O. LATE C. KOTRAPPA, AGED 60 YEARS, OCC: AGRICULTURE, 15. SRI. C. EKANTHAPPA S/O. LATE C. KOTRAPPA AGED ABOUT 55 YEARS, OCC: AGRICULTURIST, APPELLANT NOS. 11 TO 15 ARE R/O. CHIKKAMEGALAGERE, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA- 561218.
16. SMT. SHANTA W/O. LATE BASAVARAJAPPA, AGED MAJOR, OCC: NIL, 17. SRI. PRUTHVI RAJ S/O. LATE C. BASAVARAJAPPA AGED ABOUT 22 YEARS, OCC: AGRICULTURIST, 18. SRI. C. B. NANDEESHA S/O. LATE C. BASAVARAJA, AGED ABOUT 18 YEARS, OCC: STUDENT, APPELLANT NOS. 15 TO 17 ARE R/O. CHIKKAMEGALAGERE, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA- 561208.
…APPELLANTS (BY SRI. PRAMOD KHATAVI, SENIOR COUNSEL FOR SRI. RAMACHANDRA A. MALI, ADVOCATES)
AND:
1. SMT. MALLAMMA W/O. HALAPPA, D/O. MUDDAPPA, AGED: 62 YEARS, R/O: KUPPELUR VILLAGE, TQ: RANEBENNUR, DIST: HAVERI- 581110.
2. SRI. BASAVARAJAPPA S/O. LATE MUDDAPPA, AGE: 62 YEARS, OCC: AGRICULTURIST, 3. SRI. RAMALINGAPPA S/O. LATE MUDDAPPA, AGE: 57 YEARS, OCC: AGRICULTURIST, RESPONDENT NO. 2 & 3 ARE R/O: CHIKKAMEGALAGERI, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
4. SMT. HALAMMA W/O. KARIBASAPPA, D/O. LATE MUDDAPPA, AGED: 55 YEARS, OCC: AGRICULTURIST, OCC: HOUSEHOLD WORK, R/O: TELAGI VILLAGE, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
5. SRI. HEMARAJA S/O. LATE MUDDAPPA, AGE: 52 YEARS, OCC: TEACHER, 6. SRI. GANESHA S/O. LATE MUDDAPPA, AGE: 52 YEARS, OCC: AGRICULTURIST, RESPONDENT NO. 5 & 6 ARE R/O: CHIKKAMEGALAGERI, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
7. SMT. K. SUSHEELAMMA W/O. VIRUPAKSHAPPA K. AGE: 70 YEARS, OCC: NIL R/O: CHIKKAMEGALAGERI, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
8. SMT. RUDRAMMA W/O. LATE. P. VEERAPPA, AGE: 70 YEARS, OCC: NIL, 9. SMT. NINGAMMA W/O. LATE. P. VEERAPPA, AGE: 65 YEARS, 10. SRI. KUMAR S/O. LATE. P. VEERAPPA, AGE: 35 YEARS, OCC: NIL, 11. SMT. PAVITHRA W/O. MALLESHAPPA, AGED: 32 YEARS, OCC: NIL, RESPONDENT NO. 8 TO 11 ARE R/O. HIREMEGALAGERE, TQ: HARAPPANAHALLI, DIST: BALLARI- 583101.
12. SMT. H. RUDRAMMA W/O. H. CHANNNABASAPPA D/O. LATE. P. VEERAPPA, AGED: MAJOR, OCC: NIL, 13. SRI. P. CHANNAPPA S/O. LATE. P. VEERAPPA AGE: 60 YEARS, OCC: AGRICULTURIST, RESPONDENT NO. 12 & 13 ARE R/O: CHIKKAMEGALAGERI, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
14. SMT. U. MURIGEMMA W/O. URABAGILAMANE AJJAPARA VEERAPPA, D/O. P. VEERAPPA, AGED: MAJOR, OCC: HOUSEHOLD WORK, R/O. HARAKANAL, TQ. KUDLIGI- 583135.
15. SRI. B. CHANNABASAPPA S/O. SRI. BHEEMAPPA, AGE: 75 YEARS, OCC: AGRICULTURIST, R/O: KADAJJI, DIST: DAVANAGERE- 577001.
16. SMT. GURUSHANTHAMMA W/O. SRI. MAHADEVAPPA, AGED: 50 YEARS, R/O: CHIKKA MEGALAGERE, POST POTHALAKATTE VILLAGE, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
17. SRI. ADDI CHANNABEERAPPA S/O. LATE ADDI AJJAPPA, AGE: 55 YEARS, OCC: NIL, 18. SRI. ADDI BASAVARAJAPPA S/O LATE. ADDI AJJAPPA, AGE: 50 YEARS, OCC: NIL, 19. SRI. ADDI NAGARAJAPPA S/O. LATE. ADDI AJJAPPA, AGE: 48 YEARS, OCC: NIL, 20. SRI. ADDI SIDDAPPA S/O. LATE. ADDI AJJAPPA, AGE: 48 YEARS, OCC: NIL, 21. SRI. ADDI KENCHAPPA S/O. LATE ADDI AJJAPPA, AGE: 51 YEARS, OCC: NIL, RESPONDENT NO. 17 TO 21 ARE R/O: ARASIKERE VILLAGE, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
22. SMT. REVANMMA W/O. CHANDRAPPA, AGE: 45 YEARS, R/O: PUNABHABHATTA VILLAGE, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
23. SMT. P. GURUSHANTHAMMA W/O. P. MAHADEVAPPA, AGE: 57 YEARS, OCC: NIL, 24. SRI. K. ANJINAPPA S/O. LATE. NAGAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, 25. SRI. U. SHASHTHRILU S/O. VENKAT TAO, AGE: 65 YEARS, OCC: NIL, RESPONDENT NO. 24 TO 26 ARE R/O: CHIKKAMEGALAGERE, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
26. SMT. PRAMEELA W/O. VENKATESH, AGE: 30 YEARS, R/O: AVARAGOLLA VILLAGE, TQ & DIST: DAVANAGERE- 577001.
27. SRI. SWAMY VIJAY S/O. SURYAVATHI, AGE: 28 YEARS, R/O: AVARAGOLLA, TQ & DIST: DAVANAGERE- 577001.
28. SRI. IJARI CHANNAPPA S/O. LATE YAMUNAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: CHIKKAMEGALAGERE, TQ: HARAPANAHALLI, DIST: BALLARI- 583101.
29. SMT. NAGARATHNAMMA W/O. LATE. G.B. MRUTHYUNJAYAPPA, AGED MAJOR, OCC: NIL, 30. SMT. KAVITHA D/O. LATE G.B. MRUTHYUNJAYAPPA, AGED: MAJOR, OCC: NIL, 31. SMT. SAVITHA D/O. LATE G.B. MRUTHYUNJAYAPPA, AGED@ MAJOR, OCC: NIL, 32. SMT. PAVITHRA D/O. LATE G.B. MRUTHYUNJAYAPPA, RESPONDENT NO. 29 TO 32 ARE R/O: 285/1 MAHARAJA PETE, NEAR CHOWKI PETE, DAVANAGERE- 583101.
…RESPONDENTS (BY SMT. SURABHI KULKARNI, ADVOCATE FOR R1-R6;
R7 TO R32- NOTICE DISPENSED WITH)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.10.2025 MADE IN RA NO.2/2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC HARAPANAHALLI THEREBY CONFIRMING THE JUDGMENT AND FINAL DECREE DATED 15-12- 2021 MADE IN FDP NO.2/2007 PASSED BY THE CIVIL JUDGE AND JMFC HARAPANAHALLI AND ETC.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL JUDGMENT
1. This is the appeal filed under Section 100 CPC, praying for setting aside the judgment and decree dated 28.10.2025 passed in R.A.No.02/2022 on the file of Senior Civil Judge and JMFC, Harapanahalli (hereinafter referred to as ‘the First Appellate Court’, for short), confirming the order drawing up of final decree dated 15.12.2021 passed in FDP No.2/2007 on the file of the Civil Judge and JMFC, Harapanahalli (hereinafter referred to as ‘the FDP Court’, for short).
2. The parties would be referred with their ranks, as they were before Trial Court for sake of convenience and clarity.
3. The petitioners have filed FDP No.2/2007 praying for drawing up of final decree in terms of preliminary decree passed in respect of petition ‘A’ and ‘B’
schedule properties; for appointment of Court Commissioner under Section 54 CPC for measurement of boundaries of 1/3rd share of original plaintiff in Schedule ‘B’ properties and to handover possession to petitioners/applicants.
4. It is stated in the FDP petition that O.S.No.27/1992 was filed by the original plaintiff Smt. Chikkapla Channabasamma W/o. Chikkapla Nagappa, for partition and separate possession of her share in suit ‘A’ schedule properties. The said suit was decreed on 17.07.1972, declaring that she is entitled for 1/3rd share. Thereafter, defendants have filed Miscellaneous Petition under Order IX Rule 13 CPC to set aside the said judgment in Miscellaneous Application No.74/1973 was dismissed; CRP No.2002/1974 filed against the said order was also dismissed confirming the judgment and decree passed in O.S.No.27/1992.
5. In the meanwhile, the original plaintiff-Chikkapla Channabasamma has sold her undivided 1/3rd share in the suit schedule properties in favour of one Chikkapla Muddappa under registered sale deed dated 03.01.1975. She had not filed petition for drawing up of final decree. Chikkapla Muddappa died on 07.11.2000 leaving behind the petitioners as his legal heirs. Thus, the petitioners stepped into the shoes of original plaintiff and filed the petition praying for drawing up of final decree.
6. After filing this final decree petition, it was duly contested by the defendants/respondents and an order appointing Court Commissioner passed on 07.10.2013 was challenged in WP No.49966/2015, which petition was dismissed as not maintainable. Thereafter, R.A.No.32/2015 was filed, which was also dismissed; against which, RSA No.271/2017 was filed, which was also dismissed, confirming the order appointing the Court Commissioner as per order dated 07.10.2013.
7. In the meanwhile, the Court Commissioner has submitted his report along with sketches. The said report and sketches were opposed by the respondents by filing their objections. The objections were overruled by the Trial Court by passing order dated 15.12.2021, which was under challenge in R.A.No.2/2022. The said appeal was also dismissed. Hence, the present appeal before this court.
8. While admitting the appeal, the following substantial question of law was formulated:
“Whether the appellant/defendant has established that the Trial Court and the First Appellate Court have not followed Section 54 of the Code of Civil Procedure, 1908, in letter and spirit, which leads to erroneous conclusion?”
9. Heard arguments of both sides and perused the records.
10. Learned Senior counsel Sri Pramod Kathavi, appearing on behalf of Sri Ramachandra A. Mali, learned counsel for the appellants would submit that;
10.1. FDP No.2/2007 is filed by the legal representatives of purchaser of suit schedule property from original plaintiff-Channabasamma in O.S.No.27/1972 for drawing up of final decree. The suit filed by original plaintiff for the relief of partition, separate possession of her 1/3rd share was decreed on 17.07.1972 granting 1/3rd share to original plaintiff. Afterwards, she has executed registered sale deed dated 01.10.1975 in favour of one Chikkapla Muddappa who died on 07.11.2000 and his legal representatives being stepped into shoes
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