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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 16^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE MS. JUSTICE JYOTI MULIMANI

RFA NO.200058 OF 2014 (PAR)

BETWEEN:

1.

PRAYAGBAI

W/O LATE GUNDAJI CHANNALE

AGE: 76 YEARS

OCC: HOUSEHOLD AND AGRICULTURE

R/O KALWADI, TQ. BHALKI

DIST. BIDAR - 584 101.

2.

BABURAO

S/O LATE GUNDAJI CHANNALE

AGE: 54 YEARS, OCC: AGRICULTURE

R/O KALWADI, TQ. BHALKI

DIST. BIDAR - 584 101.

3.

APPARAO

S/O LATE GUNDAJI CHANNALE

AGE: 51 YEARS, OCC: AGRICULTURE

R/O KALWADI, TQ. BHALKI

DIST. BIDAR - 584 101.

4.

TATYARAO

S/O LATE GUNDAJI CHANNALE

AGE: 46 YEARS, OCC: AGRICULTURE

R/O KALWADI, DIST. BHALKI

DIST. BIDAR - 584 101.

5.

WAMANRAO

S/O LATE GUNDAJI CHANNALE

AGE: 42 YEARS, OCC: AGRICULTURE

R/O KALWADI, TQ. BHALKI

2

DIST. BIDAR - 584 101.

6.

SRIMANTH

S/O LATE GUNDAJI CHANNALE

AGE: 38 YEARS, OCC: AGRICULTURE

R/O KALWADI, TQ. BHALKI

DIST. BIDAR - 584 101.

7.

SAKUBAI

W/O PRAHLAD BIRADAR

AGE: 36 YEARS, OCC: AGRICULTURE

R/O KADEPUR, TQ. BASAVAKALYAN

DIST. BIDAR - 584 101.

... APPELLANTS

(BY SRI.AMEET KUMAR DESHPANDE, ADVOCATE)

AND:

1.

RAJA BAI

W/O LATE VITHALRAO CHANNALE

AGE: 68 YEARS

OCC: HOUSEHOLD & AGRICULTURE

R/O VILLAGE KALWADI

TQ. BHALKI

DIST. BIDAR - 584 101.

2.

SEENA BAI

W/O LATE VITHALRAO CHANNALE

AGE: 38 YEARS

OCC: HOUSEHOLD & AGRICULTURE

R/O VILLAGE KALWADI

TALUK: BHALKI,

DIST. BIDAR - 584 101.

3.

BHAGUBAI

W/O DASHRATHRAO KALE

OCC: HOUSEHOLD & AGRICULTURE

R/O JOLDAPAKA

TQ. BHALKI

DIST. BIDAR - 584 101.

... RESPONDENTS

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(SRI RAVI B. PATIL, ADVOCATE FOR R1 & R2;

R3 - SERVED)

THIS RFA IS FILED UNDER SECTION 96 OF CIVIL

PROCEDURE CODE, 1908, CHALLENGING THE JUDGMENT

AND DECREE DATED 06.08.2014 PASSED BY THE SENIOR

CIVIL JUDGE & JMFC, BHALKI IN O.S.NO.46/2010.

THIS RFA HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT THIS DAY, THIS COURT DELIVERED THE

FOLLOWING:

JUDGMENT

Sri.Ameet Kumar Deshpande, learned counsel for

appellants and Sri.Ravi B.Patil, learned counsel for

respondents 1 and 2, have appeared in-person.

2.

This is an appeal from the Court of Senior Civil

Judge & JMFC, Bhalki.

3.

For the sake of convenience, the parties are

referred to as per their rankings before the Trial Court.

4.

The plaint averments are as under: -

That one Sadba was the common ancestor of the

parties to the suit and he died long back leaving behind

two sons namely, Gundaji and Vithalrao. It is stated that

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the suit schedule properties are land bearing Sy.No.46

measuring 17.01 acres and a house bearing gram

panchayat No.100, both situated at Kalwadi village, Bhalki

Taluk, as described in the schedule annexed to the plaint

are the joint ancestral family properties of plaintiffs and

defendants. As the second son Vithalrao was blind by birth

and as such, after the death of Sadba the suit schedule

properties were mutated in the name of elder son –

Gundaji. Both Gundaji and Vithalrao are dead. After the

death of Gundaji, suit schedule 'A' property i.e., land

bearing Sy.No.46 measuring 17 Acres, 01 Guntas R/A of

Rs.61-94 ps situated at village Kalwadi, Bhalki Taluq,

Bidar District and suit schedule 'B' property bearing house

No.100 stood in the name of elder son -Gundaji.

The plaintiffs are the legal heirs of deceased –

Vithalrao. Plaintiffs contended that they have a legitimate

share in the suit schedule properties and when they asked

defendants to allot the share in the properties, they

refused to give the same.

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It is averred that the first defendant has been

managing the suit schedule properties and she was not

properly handling properties. The cause of action arose to

file the suit when denial was made on 09.12.2010.

Plaintiffs brought action seeking the relief of partition and

separate possession in respect of suit schedule pr