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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF APRIL, 2026
PRESENT: THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
RFA NO.1708 OF 2007 C/W RFA CROB. NO.104 OF 2009
IN RFA NO.1708/2007
BETWEEN:
1. SRI. MALATESH( MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGE: 40 YEARS,
OCC. AGRICULTURE, R/AT: TOTADAYALLAPUR,
TQ. HAVERI.
2. SRI. REVANSIDDAPPA (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGED ABOUT 38 YEARS,
R/AT: TOTADAYALLAPUR, TQ. HAVERI,
3. SRI. BULLAPPA (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGE: 36 YEARS,
R/AT: TOTADAYALLAPUR, TQ. HAVERI,
4. SRI. CHANDRASHEKARAPPA (MOTHER NEELAVVA
TAMBURI), S/O. LATE NEELAPPA,
AGED ABOUT 34 YEARS,
R/AT: TOTADAYALLAPUR, TQ. HAVERI,
5. SRI. SHIVANAND (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGED ABOUT 29 YEARS,
R/AT: TOTADAYALLAPUR, TQ. HAVERI,
6. SMT. NEELAVVA W/O. LATE NEELAPPA,
AGE: 60 YEARS, D/O.BIDDADEPPATAMBURI,
OCC. HOUSEHOLD WORK, R/AT: TOTADAYALLAPUR,
TQ. HAVERI.
6(I) SMT. ROSHAKKA SURESH LINGAMMANNAVAR,
AGED ABOUT 48 YEARS, OCC. HOUSEHOLD,
R/AT: HIRELINGADAHALLI,
TQ. AND DIST. HAVERI.
(BY SHIVAPRASAD S. PATIL, ADVOCATE FOR SRI. IRANAGOUDA K. KABBUR, ADVOCATE)
AND:
1. SMT. YALLAVVA W/O. BULLAPPA DODDAMANI,
SINCE DECEASED BY L.R
1A. SMT. NAGAVVA W/O. TIRAKAPPA KATENAHALLI,
SINCE DECEASED BY HER LR'S,
1A(I). SRI. SHIVAPPA S/O. TIRAKAPPA KATENAHALLI,
AGED ABOUT 70 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI.
1A(II). SRI. KOTYAPPA S/O. TIRAKAPPA KATENAHALLI,
AGED ABOUT 68 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI.
1A(III). SMT. SHANTAVVA W/O. NEELAPPA BAJJALLI,
AGED ABOUT 55 YEARS, OCC. AGRICULTURE,
R/AT: KALLIHAL, TQ. AND DIST. HAVERI.
1A(IV). SMT. FAKEERAVVA W/O RAMANNA PUJAR,
AGED ABOUT 55 YEARS, OCC. HOUSEWIFE,
R/AT: KALLIHAL, TQ. AND DIST. HAVERI.
1A(V). SMT. HULAGAVVA @ BASAANNEVVA,
W/O HUCHAPPA GUDDAPPANAVAR,
AGED ABOUT 50 YEARS, OCC. HOUSEHOLD,
R/AT: YALAGUCCHA, TQ. AND DIST. HAVERI.
1A(VI). SRI. GURUBASAPPA S/O. TIRAKAPPA KATENAHALLI,
SINCE DECEASED BY L.R.'S,
1A(VI)(I). SMT. VANAJAKSHI W/O. GURUBASAPPA KATENAHALLI,
AGED ABOUT 50 YEARS, OCC. HOUSEHOLD WORK,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI.
1A(VI)(II). SMT. JAYAMMA W/O. MALATESH BAJALLI,
AGED ABOUT 28 YEARS, OCC. HOUSEHOLD,
R/AT: KALLIHAL, TQ. AND DIST. HAVERI.
1A(VI)(III). SMT. SUNITA W/O. MALATESH KURI,
AGED ABOUT 25 YEARS, OCC. HOUSEHOLD,
R/AT: DODDURU, TQ. SHIRAHATTI, DIST. GADAG.
1A(VI)(IV). SRI. BULAPPA S/O. GURUBASASAPPA KATENAHALLI,
AGED ABOUT 22 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI.
1A(VI)(V). SRI. TIRAKAPPA S/O. GURUBASAPPA KATENAHALLI,
AGED ABOUT 20 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI
2. SRI. NEELAPPA SINCE DECEASED BY L.R,
3. SMT. NAGAVVA W/O. NEELAPPA DODDAMANI,
AGE: 50 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, AT KURAGUNDA,
TQ. HAVERI, (SINCE DECEASED BY L.R)
4. SRI. KARYALLAPPA TIRAKAPPA HULLMANI,
AGE: 65 YEARS, OCC. AGRICULTURE,
R/AT: BASAPUR, TQ. HAVERI.
5. SRI. HALAPPA SANNAFAKKIRAPPA DODDAMANI,
SINCE DECEASED BY HIS LR'S,
5A. SMT. SHASHIKALA W/O. YALLAPPA KORI,
AGED ABOUT 52 YEARS, OCC. HOUSEHOLD,
R/AT: BEHIND APMC, CHILLI MARKET,
BYADAGI, DIST. HAVERI.
5B. SRI. PRAKASH S/O. HALAPPA DODDAMANI,
AGED ABOUT 50 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI.
5C. SMT. LALITA YALLANGOUDA HOSAGOUDRA,
SINCE DECEASED BY L.R'S.,
5C(I). KUMARI PREMA D/O. YALLANGOUDA HOSAGOUDRA,
AGE: 12 YEARS, STUDENT, REPRESENT BY
SRI. SHIVAPPA SANNAPPANNAVAR, R/AT: KANOKAPUR,
TQ. AND DIST. HAVERI. (MINOR GUARDIAN VIDE ORDER
DATED 03.06.2025 BY VIRTUE OF IA NO. 10/2020)
(BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR R1 (A)(I) TO R1(A)(V); SRI. F.V. PATIL, ADVOCATE FOR R2; NOTICE ISSUED TO R1(A)(VI)(I), R1(A)(VI)(III), R1(A)(VI)(VI), R1(A)(VI)(V) IS SERVED BUT UNREPRESENTED; NOTICE ISSED TO R5A AND R5B IS SERVED ON IA; R5(B) IS ALIVE; SERVICE OF NOTICE TO R1(A)(VI)(II) IS HELD SUFFICIENT; R3 SINCE DECEASED BY HIS LR OF R2 AS PER CAUSE TITLE; R4- DECEASED - THERE IS NO LR AS PER MEMO DATED 01.01.1988; NOTICE ISSED TO R5C(I) IS SERVED (R5C(I) IS MINOR REPRESENTED BY MATERNAL UNCLE) V/O DATED 15.12.2025)
THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 OF CPC (AMENDMENT) ACT 2002, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18.04.2007 IN O.S.NO.59/1985 & ETC.
IN RFA CROB. NO.104/2009
BETWEEN:
1. SMT. YALLAVVA W/O. BULLAPPA DODDAMANI,
SINCE DECEASED BY HER L.R.,
1A. SMT. NAGAVVA W/O. TIRAKAPPA KATENAHALLI,
SINCE DECEASED BY HER LR'S,
1A(I). SRI. SHIVAPPA S/O. TIRAKAPPA KATENAHALLI,
AGE: 70 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR,
TQ. AND DIST. HAVERI-581110.
1A(II). SRI. KOTYAPPA S/O. TIRAKAPPA KATENAHALLI,
AGE: 68 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR,
TQ. AND DIST. HAVERI-581110.
1A(III). SMT. SHANTAVVA W/O. NEELAPPA BAJJALLI,
AGE: 55 YEARS, OCC. AGRICULTURE,
R/AT: KALLIHAL, TQ. AND DIST. HAVERI-581110.
1A(IV). SMT. FAKEERAVVA W/O. RAMANNA,
@ SHIVABASAPPA PUJAR,
AGE: 53 YEARS, OCC. HOUSEHOLD WORK,
R/AT: GUTTAL, KURABARAGERI,
TQ. AND DIST. HAVERI-581110.
1A(V). SMT. HULAGAVVA @ BASAANNEVVA,
W/O. HUCHAPPA GUDDAPPANAVAR,
AGE: 50 YEARS, OCC. HOUSEHOLD WORK,
R/AT: YALAGUCCHA, TQ. AND DIST. HAVERI-581110.
1A(VI). SRI. GURUBASAPPA S/O. TIRAKAPPA KATENAHALLI,
SINCE DECEASED BY HIS L.R.'S,
1A(VI)(A). SMT. VANAJAKSHI W/O. GURUBASAPPA KATENAHALLI,
AGE: 50 YEARS, OCC. HOUSEHOLD WORK,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI-581110.
1A(VI)(B). SMT. JAYAMMA W/O. MALATESH BAJALLI,
AGE: 28 YEARS, OCC. HOUSEHOLD,
R/AT: KALLIHAL, TQ. AND DIST. HAVERI-581110.
1A(VI)(C). SMT. SUNITA W/O. MALATESH KURI,
AGE: 25 YEARS, OCC. HOUSEHOLD, R/AT: DODDURU,
TQ. SHIRAHATTI, DIST. GADAG-582120.
1A(VI)(D). SRI. BULAPPA S/O. GURUBASASAPPA KATENAHALLI,
AGE: 22 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR, TQ. AND DIST. HAVERI-581110.
1A(VI)(E). SRI. TIRAKAPPA S/O. GURUBASAPPA KATENAHALLI,
AGE: 20 YEARS, OCC. AGRICULTURE,
R/AT: TOTADAYALLAPUR,
TQ. AND DIST. HAVERI-581110
(BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR 1(A)(I) TO 1(A)(V) AND (VI)(A) TO (E) (VK FILED))
AND:
1. SRI. MALATESH (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGE: 40 YEARS,
OCC. AGRICULTURE, R/AT: TOTADAYALLAPUR,
TQ./ DIST. HAVERI-581110.
2. SRI. REVANSIDDAPPA (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGED ABOUT 38 YEARS, OCC. NIL,
R/AT: TOTADAYALLAPUR, TQ./DIST. HAVERI-581110.
3. SRI. BULLAPPA (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGE: 36 YEARS, OCC. NIL,
R/AT: TOTADAYALLAPUR, TQ./DIST. HAVERI-581110.
4. SRI. CHANDRASHEKARAPPA (MOTHER NEELAVVA
TAMBURI) S/O. LATE NEELAPPA,
AGED ABOUT 34 YEARS, OCC. NIL,
R/AT: TOTADAYALLAPUR, TQ./DIST. HAVERI-581110.
5. SRI. SHIVANAND (MOTHER NEELAVVA TAMBURI),
S/O. LATE NEELAPPA, AGED ABOUT 29 YEARS,
OCC. NIL, R/AT: TOTADAYALLAPUR,
TQ./DIST. HAVERI-581110.
6. SMT. NEELAVVA W/O. LATE NEELAPPA,
D/O. BIDDADEPPA TAMBURI,
SINCE DECEASED BY HER LR.,
6(A). SMT. ROSHAKKA W/O. SURESH LINGAMMANNAVAR,
AGE: 48 YEARS, OCC. HOUSEHOLD WORK,
R/AT: HIRELINGADAHALLI,
TQ. AND DIST. HAVERI-581110.
7. SRI. NEELAPPA A/F NEELAPPA DODDAMANI,
SINCE DECEASED BY HIS L.R AS PER MEMO
DTD.16.04.1986,
8. SMT. NAGAVVA W/O. NEELAPPA DODDAMANI SINCE
DECEASED BY NO L.R AS PER MEMO DTD.01.01.1988,
9. SRI. KARIYALLAPPA TIRAKAPPA HULLMANI,
SINCE DECEASED AND AS HE WAS FORMAL PARTY
HIS LRS ARE NOT TAKEN ON RECORD AS PER MEMO
DTD.20.09.2004,
10. SRI. HALAPPA S/O. SANNAFAKKIRAPPA DODDAMANI,
SINCE DECEASED BY HIS LR'S,
10(A). SMT. SHASHIKALA W/O. YALLAPPA KORI,
AGE: 52 YEARS, OCC. HOUSEHOLD,
R/AT: BEHIND APMC CHILLI MARKET,
BYADAGI, DIST. HAVERI-581106.
10(B). SRI. PRAKASH S/O. HALAPPA DODDAMANI,
AGE: 52 YEARS, OCC. HOUSEHOLD,
R/AT: BEHIND APMC CHILLI MARKET,
BYADAGI, DIST. HAVERI-581106.
10(C). SMT. LALITA YALLANGOUDA HOSAGOUDAR,
SINCE DECEASED BY L.R.,
10(C)(I). KUMARI PRERANA D/O. YALLANGOUDA HOSAGOUDAR,
AGE: 12 YEARS, STUDENT, REPRESENT BY HER MINOR
GUARDIAN MATERNAL UNCLE SRI. SHIVAPPA
SANNAPPANNAVAR, R/AT: KANOKAPUR,
TQ. AND DIST. HAVERI.
(BY SRI. SHIVAPRASAD S. PATIL, ADVOCATE FOR SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R1, R2, R3, R4, R5, R6(A); SRI. SHARAD V. MAGADUM, ADVOCATE; NOTICE ISSUED TO R6(A), R10(A)- SERVED BUT UNREPRESENTED; NOTICE TO R10(B) IS DISPENSED WITH; (R10(C)(I) IS MINOR R/BY. MATERNAL UNCLE); (R7 DECEASED BY HIS LR IS R2); (R8 IS DECEASED NO LRS AS PER CAUSE TITLE) (R9 IS DECEASED FORMAL PARTY AS PER CAUSE TITLE AND LRS ARE NOT BROUGHT ON RECORD)
THIS REGULAR FIRST APPEAL CROSS OBJECTION IS FILED UNDER ORDER 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2007 PASSED BY THE LEARNED ADDL. CIVIL JUDGE (SR.DN.) HAVERI, IN O.S. NO. 59/1985& ETC.
THESE REGULAR FIRST APPEAL AND THE REGULAR FIRST APPEAL CROSS OBJECTIONS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 23.04.2026, THIS DAY, COMING ON PRONOUNCEMENT OF JUDGMENT H.P. SANDESH. J, DELIVERED THE FOLLOWING:
CORAM: THE HON’BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.P. SANDESH)
The regular first appeal is filed by the defendants No. 3, 4, 5, 6, 7 and 8 questioning the judgment and decree passed in O.S. No. 159/1985 granting half-share in favour of the plaintiff and prayed this Court to dismiss the suit and grant such other reliefs.
2. The regular first appeal cross objection is filed by the original plaintiff 1(a). Since she passed away her LRs were brought on record. The cross objection is filed questioning the judgment and decree of granting half share in O.S. No. 59/1985 praying this Court to modify the judgment and decree and plaintiff no. 1(a) may be awarded with the entire suit schedule properties and also the compensation amount of ₹9,75,945/- and plaintiff no. 1(a) may be declared that she is entitled to succeed all the properties including the entire compensation amount of ₹ 9,75,945/-.
3. The factual matrix of the case of the original plaintiff, Smt. Ellavva, wife of Bullappa Doddamani in the suit is that the plaintiff and her husband Bullappa Doddamani, who died on 20.11.1931, leaving behind his wife, son and daughter, Nagavva. On 23.09.1946 the son of original plaintiff, Hulagappa also died, leaving behind the plaintiff, who is the mother, and his sister Nagavva, who is brought on record as LR of original plaintiff. It is also the case of the plaintiff that she had no male issue and hence she adopted the first defendant on 26.10.1946 after the death of her son Hulagappa and continued in joint family of her husband. During 1952 there was a partition between her husband's uncles' branches and all of them took possession of their respective shares. The plaintiff and adopted son started residing separately. Later on the defendant no. 1 who is managing the joint family affairs, has purchased the property R.S. No. 5/1 that is the suit schedule property R.S. No. 5/1 from the income out of joint family properties. It is also the case of the plaintiff that second defendant is the legally wedded wife of the first defendant who is the adopted son of the plaintiff. The 8th defendant is the kept mistress of defendant no. 1 even during the lifetime of the 2nd defendant. Defendants no. 3 to 7 are the illegitimate children of defendants no. 1 and 8. It is also the case of the plaintiff that defendant no. 1 has purchased suit schedule property bearing R.S. No. 1/A1 on 15.03.1985 out of the joint family funds in the names of defendants no.3, 6 and 7 and said said is ostensible said and created the sale deed only with an intention to deceive the plaintiff. Later on when the plaintiff came to know that first defendant by filing a false varadi, has got entered names of defendant no. 3 to 7 in respect of suit schedule property illegally suspected the role of defendant no.1. It is contented that there was no partition between the plaintiff and defendant no. 1 in respect of joint family properties and that the properties are in joint possession of plaintiff and defendant no. 1 and as such plaintiff and defendant no. 1 have half share each in suit suit properties. Even if it is presumed without admitting that defendant no. 8 is wife and defendants no. 3 to 7 are children of defendant no.1, defendant no. 1 alone has got half share in the properties and the remaining defendants have no title or interest over the suit schedule properties. When the present suit was pending during 0202-2003, an area measuring 8,227 square metres out of R.S. No. 70A/A/3/2 was acquired along with standing trees and an amount of ₹ 9,75,948/- was awarded as compensation. Plaintiff is entitled for half share in the said compensation amount. Hence the plaintiff prayed the Court to grant the relief as sought in the plaint.
4. In pursuance of suit summons issued to the defendants, they appeared through advocates. Defendant no. 2 has filed written statement contending that she is the legally wedded wife of defendant no. 1 and also contended in the written statement that defendant no. 1 i
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