IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 24^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

R.F.A.No.2383/2006

BETWEEN:

THE EXECUTIVE ENGINEER

KPTCL (HESCOM)

NEHRU NAGAR,

BELGAUM ..APPELLANT

(BY SRI.G.I.GACHCHINAMATH, ADVOCATE)

AND:

1. SMT.PARVATI DEVAPPA SANADI

AGED ABOUT 57 YEARS

OCC: HOUSEHOLD

R/O KODUSKOPPA

BASTAWAD POST,

TALUK AND DISTRICT: BELGAUM

2. SMT.SAVITRI MAHADEV SANADI

AGED 21 YEARS

OCC: HOUSEHOLD WORK

C/O BASAVANAI BALAKU BIRODKAR

MAHATMA PULE GALLI,

SAMBRA,

TALUK & DIST: BELGAUM ..RESPONDENTS

(BY

SMT.MUSURRET

GOODWALA,

ADVOCATE

FOR

SRI.JAGADISH PATIL, ADVOCATE FOR R-1, R-2 –SERVED)

2

THIS RFA IS FILED UNDER ORDER 41 RULE 1,

UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND

DECREE DATED 05.09.2005 PASSED IN O.S.No.319/2004

ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (SR.DN),

BELGAUM, DECREEING THE SUIT FOR PARTITION AND

POSSESSION.

THIS RFA COMING ON FOR HEARING THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is directed against the Judgment and

decree dated 05.09.2005 passed by the learned I

Additional Civil Judge, Senior Division, Belgaum in

O.S.No.319/2004 wherein suit filed by the plaintiff came to

be decreed and plaintiff was entitled for ½ share in the suit

schedule amount and 1/2 share in the first item of suit

properties to be payable by 2^nd defendant.

2.

In order to avoid confusion and overlapping,

parties are referred to according to their rankings and

status in the trial court.

3. Parvati, is the mother of deceased Mahadev

Sanadi, aged 55 years, filed a suit against (1)Savithri

3

Mahadev Sanadi, wife of deceased Mahadev Sanadi, (2)

The Executive Engineer, KPTCL, (3)The Branch Manager,

LIC. Her prayer is as under:

(A) A decree for partition dividing both the

suit properties by metes and bounds awarding

plaintiff’s ½ share in the suit schedule amounts,

directing the defendants Nos.2 and 3 to make

payment of the plaintiff’s ½ share to this

plaintiff.

(B) A decree awarding costs of this suit to

the plaintiff’s from the defendants.

(C) A decree awarding any other relief the

Hon’ble Court deems fit and proper to the

plaintiffs.

(D)An order granting permission to amend

the plaint if necessary.

In other words ½ share in the suit schedule amount

and the schedule is mentioned as under:

i.

First Suit Property: All those amounts

payable as after death and pensionary

benefits

accruing

to

Late

Sri.Mahadev

Devappa Sanadi (Lineman) the son of the

plaintiff and the husband of the defendant

4

No.1 amounting to Rs.10,000,00/- payable

by the defendant No.2.

ii.

Second Suit Property: All those amounts

payable on life insurance policies bearing

policy

Nos.633551984,

633592409

and

633522754

of

Late

Mahadev

Devappa

Sanadi amounting to Rs.10,25,000/- in all,

payable by the defendant No.3.

4. Defendant No.1-Savithri Mahadev is the wife of

deceased Mahadev Sanadi. Mahadev Sanadi died in a road

traffic accident on 01.05.2004. Deceased son had four

insurance policies. Defendant No.1 being class 1 heir of

deceased Mahadev along with the plaintiff is entitled for ½

share. According to plaintiff, defendant No.1 is making

efforts to draw the entire emoluments including service

benefits and insurance policy. The defendants appeared

and defendants 1 and 3 filed their written statement.

Relationship is admitted. Claim regarding insurance

policies are denied. Naturally submitted plaintiff is not

entitled for any share in the suit amount or getting family

benefit pension. 3^rd defendant admitted regarding four

5

insurance policies made by deceased and defendant No.1

as a nominee for three policies and plaintiff as nominee for

one policy. Total amount was Rs.3,25,000/- in respect of

th