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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
RSA NO.7114/2013 (PAR)
C/W
RSA NO.7139/2013 (PAR)
RSA NO.7114/2013
BETWEEN
NAGANAND PATTAR
S/O LATE VIRUPAKSHAPPA PATTAR,
AGE: 53 YEARS, OCC: WORKING IN
HUTTI GOLDMINES,
R/O C & F QUARTERS NO.G/6
HUTTI CAMP, TQ. LINGASUGUR
DIST. RAICHUR-584122.
...APPELLANT
(BY SRI SHIVAKUMAR KALLOOR, ADVOCATE)
AND
1.
RAMAPPA @ RAMANNA
S/O LATE HANUMAPPA MADDIKER,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
2
2.
SHARANAPPA
S/O LATE HANUMAPPA MADDIKER
AGE: 19 YEARS, OCC: AGRICULTURE,
R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
3.
SAHADEVAPPA
S/O LATE HANUMAPPA MADDIKER
AGE: 19 YEARS, OCC: STUDENT
4.
KUM. SAMPAMMA
D/O LATE HANUMAPPA MADDIKER
AGE: 23 YEARS, OCC: STUDENT
R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
5.
KU. SHARADA
D/O LATE HANUMAPPA MADDIKER
AGE: 18 YEARS, OCC: STUDENT
R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
6.
SMT. PARAMAMMA
S/O LATE HANUMAPPA MADDIKER
AGE: 50 YEARS, OCC: AGRICULTURE &
HOUSEHOLD R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
7.
AMARAPPA
S/O LATE RAMAPPA MADDIKAR
AGE: 83 YEARS,
R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
3
8.
MAHADEVAPPA
S/O AMARAPA MADDIKAR
SINCE DECEASED BY LRS.
8A. SMT. AMBAVVA
W/O LATE MAHADEVAPPA MADDIKAR
AGE: 53 YEARS, OCC: AGRI &
HOUSEHOLD R/O KALLI LINGASUGUR
VILLAGE, TQ. LINGASUGUR
DIST. RAICHUR-584122.
8B. NAGAPPA
S/O LATE MAHADEVAPPA MADDIKAR
AGE: 27 YEARS, OCC: AGRI,
R/O KALLI LINGASUGUR VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
8C.
SHARANAPPA
S/O LATE MAHADEVAPPA MADDIKAR
AGE: 23 YEARS, OCC: AGRI,
R/O KALLI LINGASUGUR VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
8D. HANUMANTRHA
S/O LATE MAHADEVAPPA MADIKAR
AGE: 21 YEARS, OCC: AGRI,
R/O KALLI LINGASUGUR VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
9.
YALLAPPA
S/O LATE AMARAPPA MADIKAR
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O KARADAKAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
4
10. SMT. CHATRAMMA @ MALLAMMA
W/O VENAKTESH & D/O AMARAPPA,
AGE: MAJOR, OCC: HOUSEHOLD & AGRI,
R/O JAWALGERA VILLAGE,
TQ. SINDHANUR
DIST. RAICHUR-584128.
11.
HULGAMMA W/O MALLAYYA
D/O AMARAPPA
AGE: MAJOR, OCC: AGRI &
HOUSEHOLD, R/O KALAMALA VILLAGE
TQ. & DIST. RAICHUR-584101.
12. DR. SRINIVASA SHETTY
S/O VITHOBA SHETTY
AGE: 60 YEARS, OCC: DOCTOR & AGRI,
R/O LINGASUGUR
DIST. RAICHUR-584122.
13. SHARANAPPA S/O RUDRAPPA ANGADI
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O LINGASUGUR
DIST. RAICHUR-584122.
DIED BY LRS.
13A. SIDDANAGOUDA
S/O LATE SHARANAPPA
AGE: 38 YEARS, OCC: MEDICAL
PRACTITIONER AT GOVT. HOSPITAL
LINGASUGUR, R/O LINGASUGUR
DIST. RAICHUR
14. M.A. GHANI S/O M.A. WAHID
AGE: 51 YEARS, OCC: BUSINESS,
R/O LINGASUGUR
DIST. RAICHUR-584122.
15. NINGAPPA
S/O YAMANAPPA DEVIKERI
5
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O GADADANAL VILLAGE,
TQ. LINGASUGUR
DIST. RAICHUR-584122.
…… RESPONDENTS
[SRI AMEET KUMAR DESHPANDE SENIOR COUNSEL FOR
GANESH NAIK, ADVOCATE FOR R1 TO R6;
SRI G.B. YADAV, ADVOCATE FOR R8(A) TO (D)
SRI CHAITANYA KUMAR C.M., ADVOCATE FOR R8(A) TO
(D) R9, R10, R14 & R15;
SRI SANTOSH R. BELANGI, ADVOCATE FOR R10;
SRI S.S.HIREMATH, ADVOCATE FOR R11;
SRI SHIVANAND PATIL, ADVOCATE FOR R13(A) TO (D);
SRI BASAVARAJ R. MATH, ADVOCATE FOR R15;
R7-SERVED;
SRI R.S. SIDHAPURKAR, ADVOCATE FOR R13(A) TO (D)]
THIS RSA IS FILED UNDER SECTION 100 OF
CPC AGAINST THE JUDGMENT AND DECREE DATED
15.12.2010
PASSED
IN
O.S.NO.187/2006
BY
SENIOR CIVIL JUDGE AND JMFC, LINGASUGUR,
DECREEING THE SUIT OF THE PLAINTIFFS AND
ALSO JUDGMENT AND DECREE DATED 13.02.2013
IN DISMISSING THE APPEAL IN PART PASSED IN
R.A.NO.21/2011
PASSED
BY
THE
PRESIDING
OFFICER, FAST TRACK COURT-I, RAICHUR.
RSA NO.7139/2013
BETWEEN
SHRANAPPA
S/O RUDRAPPA ANGADI
DIED ON 30.03.2018
SURVIVED BY LRS.
1A.
BASALINGAMMA W/O SHARANAPPA
AGE: 59 YEARS, OCC: HOUSEHOLD
1B.
SHIVANAGOUDA S/O SHARANAPPA
AGE: 39 YEARS, OCC: GOVT. SERVANT
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1C.
SHIVANAGOUDA S/O SHARANAPPA
AGE: 37 YEARS, OCC: AGRICULTURE
ALL ARE R/O NEAR SAIBABA TEMPLE
WARD NO.18, LINGASUGUR
DIST. RAICHUR
1D.
RAJESHWARI D/O SHARANAPPA
W/O MALLINATH, AGE: 32 YEARS,
R/O PLOT NO.90C, 3/2,
FLAT NO.6 SHELAGI ROAD,
NEAR GEETA DHAM,
BHAVANI PETH, SOLAPUR NORTH
SOLAPUR
MAHARASTRA-413002.
...APPELLANT
(BY SRI SHIVAKUMAR KALLOOR, ADVOCATE)
AND
1.
RAMAPPA
S/O HANUMAPPA MADDIKER,
AGE: 37 YEARS, OCC: AGRICULTURE,
2.
SHARANAPPA
S/O HANUMAPPA MADDIKER,
AGE: 27 YEARS, OCC: AGRICULTURE,
3.
SAMPAMMA D/O HANUMAPPA
AGE: 30 YEARS, OCC: AGRICULTURE,
4.
SHARADA D/O HANUMAPPA
AGE: 22 YEARS, OCC: AGRICULTURE,
5.
SAHADEVAPPA S/O HANUMAPPA
AGE: 26 YEARS, OCC: AGRICULTURE,
6.
SMT. PARAMAMMA W/O HANUMAPPA
AGE: 58 YEARS, OCC: HOUSEHOLD
7
7.
AMARAPPA S/O RAMAPPA
AGE: 37 YEARS, OCC: AGRICULTURE,
8.
AMBAVVA S/O AMARAPPA
AGE: 58 YEARS,
OCC: AGRICULTURE & HOUSEHOLD
9.
NAGAPPA S/O APARAPPA
AGE: 33 YEARS, OCC: AGRICULTURE,
10. SHARANAPPA S/O MAHADEVAPPA
AGE: 29 YEARS, OCC: AGRICULTURE,
11. HANUMANTH S/O MAHADEVAPPA
AGE: 27 YEARS, OCC: AGRICULTURE,
12. YELLAPPA S/O RAMAPPA
AGE: 40 YEARS, OCC: AGRICULTURE,
ALL ARE R/O KARADAKAL VILLAGE
TQ. LINGASUGUR
DIST.RAICHUR
13.
CHATRAMMA @ MALLAMMA
W/O VENKATESH, AGE: MAJOR,
OCC: HOUSEHOLD
R/O JAWALGERA VILLAGE,
TQ. SINDHANUR DIST.RAICHUR
14. HULIGAMMA W/O MUKKAYYA
AGE: MAJOR, OCC: HOUSEHOLD
R/O KALMAL VILLAGE
TQ. & DIST. RAICHUR
15. DR. SRINIVAS SHETTY
S/O VITHOB SHETTY
AGE: 56 YEARS, OCC: AGRI
& MEDICAL PRACTITIONER,
TQ. LINGASUGUR
DIST. RAICHUR
8
16. NAGANANDA S/O VIRUPAKSHAPPA
AGE: 45 YEARS, OCC: AGRICULTURE
TQ. LINGASUGUR
DIST. RAICHUR
17. M.A. GHANI S/O M.A. WAHID
AGE: 55 YEARS, OCC: BUSINESS,
R/O GUDADINNI VILLAGE,
DIST. RAICHUR
18. NINGAPPA S/O YAMUNAPPA
AGE: 62 YEARS, OCC. AGRICULTURE,
R/O GUDADINNI VILLAGE,
DIST. RAICHUR.
…… RESPONDENTS
(SRI CHAITANYA KUMAR C.M., ADVOCATE FOR R8
TO R11, R13, R17, R18 (VK NOT FILED);
SRI S.S.HIREMATH, ADVOCATE FOR R14;
SRI R.S. SIDHAPURKAR, ADVOCATE FOR R15,;
SRI SHIVAKUMAR KALLOOR, ADVOCATE FOR R16;
SRI. G.B. YADAV, ADVOCATE FOR R8 TO R11;
R1, R2, R6 & R7 ARE SERVED; R12 IS SERVED
APPEAL AGAINST R3 IS ABATED V/O DATED
28.06.2022 R4 & R5 ARE MINORS REPRESENTED BY
R6)
THIS RSA IS FILED UNDER SECTION 100 OF
CPC AGAINST THE JUDGMENT AND DECREE DATED
15.12.2010
PASSED
IN
O.S.NO.187/2006
BY
SENIOR CIVIL JUDGE AND JMFC, LINGASUGUR, AND
ALSO JUDGMENT AND DECREE DATED 13.02.2013
PASSED BY THE PRESIDING OFFICER, FAST TRACK
COURT-I, RAICHUR, IN R.A.NO.15/2011.
THESE
APPEALS
ARE
COMING
ON
FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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These two captioned appeal are filed by the
defendant
No.7
and
defendant
No.8/purchasers
questioning the preliminary decree passed by the both
Courts in a partition suit.
2. For the sake of brevity, the ranks of the
parties are referred as they are ranked before the
Trial Court.
3.
The geological tree of the family is as
under;
Ramappa
|
Amrappa Maddikar (D.1)
___________________________|____________________________
|
|
| | | |
Adappa Mahadevappa Hanmappa Yellappa Mallamma Huligemma
(adopted (D.2)
| (D.3) (D.4) (D.5)
By Balingappa
Parmamma (P.6)
Maddikar)
|
__________________________________________
| | | | |
Ramappa Sharnappa Sahadevappa Sampamma Sharada
(P.1) (P.2) (P.3) (P.4) (P.5)
4. The plaintiffs, who represent the branch of
Hanmappa, filed a suit for partition alleging that
defendant No.2, who is managing the ancestral
10
properties, declined to give share in the yield
generated from the ancestral properties. It is alleged
that when plaintiff No.6 approached the defendants to
give share in the income generated from the joint
family, but they refused the same. Hence, the
present suit is filed.
5.
On
receipt
of
summons,
defendants
contested the proceedings and filed separate written
statements. Defendant Nos.2 and 3 filed separate
written statement. Defendant No.1 refuting the
averments made in the plaint claimed that he is the
kartha of the family and he is managing the affairs of
the joint family. He further contended that under
compelling reasons and on account of financial
constraints, he had to alienate item No.3 in favour of
defendant Nos.6 and 7. Defendant No.1 contended
that he had incurred debts on account of performing
marriages of the family members. Therefore, he
11
contended that item No.3 was sold for the benefit of
the family and therefore contended that alienation
binds the plaintiffs.
6.
Defendant
Nos.6
and
7,
who
are
purchasers, filed written statement and contended
that they are the bonafide purchasers. Therefore,
questioned the alienation made by plaintiff No.6,
defendant Nos.2 and 3 in favour of defendant Nos.9
and 10. By way of counter claim, they sought
declaration to declare the sale deed executed by
plaintiff No.6, defendant Nos.2 and 3 in favour of
defendant Nos.9 and 10 is void.
7. The plaintiff and contesting defendants have
lead in oral and documentary evidence to substantiate
their respective claims. The Trial Court answered
issue No.1 in the affirmative and held that suit
properties are joint family ancestral properties. Issue
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No.5 was answered in the negative and against
defendant No.1. Trial Court held that defendant No.1
has failed to prove that he has alienated item No.3 for
family necessity as a kartha. Additional issue No.1
was also answered in the negative and Trial Court
held that defendant Nos.6 and 7 are not entitled for
declaration in regard to alienation made by plaintiff
No.6, defendant Nos.2 and 3 in favour of defendant
Nos.9 and 10. Consequently, the suit was decreed
granting 1/6th share to the each of the plaintiffs.
8. Feeling aggrieved by the judgment and
decree of the Trial Court, defendant Nos.6 and 7 have
preferred
an
appeal
in
R.A.No.15/2011,
while
defendant No.8 filed an appeal in R.A.No.21/2011.
9. The Appellate Court being a final fact finding
authority has independently assessed the oral and
documentary evidence. The Appellate Court having
13
examined the evidence on record and having regard
to the alienations made by the family members also
concurred with the findings recorded by the Trial Court
in so far as alienations are concerned. Though the
quantification was held to be proper and correct,
however, the findings recorded by the Trial Court on
issue No.5 and additional is
