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HIGH COURT OF KARNATAKA
,
JEELAKHABI @ MALTAN BI – Appellant
Versus
K.BASHA S/O BANDI IMAM SAB – Respondent
RFA/100139/2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 25th DAY OF FEBRUARY, 2021
PRESENT
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON’BLE MR.JUSTICE P.N.DESAI
RFA NO.100139 OF 2017 (PAR & POS)
BETWEEN
1. JEELAKHABI @ MALTAN BI,
AGED: 37 YEARS,OCC: HOUSEWIFE,
R/O: H.NO.2061, 22ND WARD,
BALLARI BY-PASS ROAD,
SHASTRI NAGAR, HOSAPETE,
DIST: BALLARI-583201.
2. K.SHAMEEM BANU
D/O K. MEHABOOB BASHA,
AGED: 19 YEARS, OCC: STUDENT,
R/O: H.NO.2061, 22ND WARD,
BALLARI BY-PASS ROAD,
SHASTRI NAGAR,HOSAPETE,
DIST: BALLARI-583201.
3. K.MOHAMMED AZEEM
S/O K. MEHABOOB BASHA,
AGED: 17 YEARS,OCC: STUDENT,
R/O: H.NO.2061,22ND WARD,
BALLARI BY-PASS ROAD,SHASTRI NAGAR,
HOSAPETE,DIST: BALLARI-583201.
MINOR, REPRESENTED BY
NEXT FRIEND SISTER K.SHAMEEM BANU
D/O K.MEHABOOB BASHA,
: 2
AGED: 19 YEARS,OCC: STUDENT,
R/O: H.NO.2061,22ND WARD,
BALLARI BY-PASS ROAD,SHASTRI NAGAR,
HOSAPETE,DIST: BALLARI-583201.
4 . K.MOHAMMED MAHIL
S/O K. MEHABOOB BASHA,
AGED: 14 YEARS,OCC: STUDENT,
R/O: H.NO.2061,22ND WARD,
BALLARI BY-PASS ROAD,
SHASTRI NAGAR,HOSAPETE,
DIST: BALLARI-583201.
MINOR, REPRESENTED BY
NEXT FRIEND SISTER
K.SHAMEEM BANU D/O K.MEHABOOB BASHA,
AGED: 19 YEARS,OCC: STUDENT,
R/O: H.NO.2061,22ND WARD,
BALLARI BY-PASS ROAD,SHASTRI NAGAR,
HOSAPETE,DIST: BALLARI-583201.
5. K.NUSRATH JAHAN
D/O K. MEHABOOB BASHA,
AGED: 12 YEARS,R/O: H.NO.2061,
22ND WARD,BALLARI BY-PASS ROAD,
SHASTRI NAGAR,HOSAPETE,
DIST: BALLARI-583201.
MINOR, REPRESENTED BY
NEXT FRIEND SISTER
K.SHAMEEM BANU D/O K.MEHABOOB BASHA,
AGED: 19 YEARS,OCC: STUDENT,
R/O: H.NO.2061,22ND WARD,
BALLARI BY-PASS ROAD,SHASTRI NAGAR,
HOSAPETE,DIST: BALLARI-583201.
...APPELLANTS
(BY SRI. ANANT HEGDE, ADV.)
: 3
AND
1 . K.BASHA S/O BANDI IMAM SAB,
AGED: 35 YEARS,
OCC: TILES EMBEDDING CONTRACTOR,
R/O: 9TH WARD, 1ST CROSS,
SIDDALINGAPPA CHOWKI,HOSAPETE,
DIST: BALLARI-583201.
2 . IQBAL HUSSAIN
S/O BANDI IMAM SAB,
AGED: 32 YEARS,
OCC: TILES EMBEDDING CONTRACTOR,
R/O: 9TH WARD, 1ST CROSS,
SIDDALINGAPPA CHOWKI,
HOSAPETE,DIST: BALLARI-583201.
3. BEGUM W/O BANDI IMAM SAB,
AGED: 55 YEARS, OCC: BEEDI SHOP,
R/O: 9TH WARD, 1ST CROSS,
SIDDALINGAPPA CHOWKI,
HOSAPETE,DIST: BALLARI-583201.
4. BANDI IMAM SAB,
S/O LATE HUSSAIN SAB,
AGED: 62 YEARS, OCC: SECURITY GUARD IN
PRIVATE FIRM, R/O: 9TH WARD, 1ST CROSS,
SIDDALINGAPPA CHOWKI, HOSAPETE,
DIST: BALLARI-583201.
SINCE DIED RESPONDENT NOS.1 TO 3 ARE
LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.4.
…RESPONDENTS
(BY SRI. GOURI SHANKAR H MOT, ADV. FOR R1-R3)
THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 09.09.2016 PASSED IN
: 4
O.S.NO.542/2014 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL
JUDGE
AND
JUDICIAL
MAGISTRATE
FIRST
CLASS,
HOSAPETE,
PARTLY
DECREEING
THE
SUIT
FILED
FOR
PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
SREENIVAS HARISH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the arguments of Sri.Ananth Hegde, learned
counsel appearing for the appellants and Sri.Gouri
Shankar.H.Mot,
learned
counsel
appearing
for
the
respondent Nos.1 to 3.
2. Defendant No.3 is the first appellant. Appellant
Nos. 2 to 5 were not parties in the suit. By judgment
dated 09.09.2016, the Prl. Senior Civil Judge & JMFC,
Hospet decreed the suit, O.S.No.542/2014, filed by
respondent Nos.1 and 2. The third respondent and the
deceased 4th respondent are defendant Nos.1 and 2
respectively in the suit. The suit was for partition and
separate
possession
in
respect
of
three
items
of
properties described in the schedule to the plaint.
: 5
3. The plaintiffs stated that they had equal share in
the suit properties. According to them they are the
members of the joint family. They also contributed
money for purchasing suit properties and construction of
the house. They alleged that d
