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HIGH COURT OF KARNATAKA
P.N.DESAI
RAJKUMAR S/O SANGAPPA DESAI – Appellant
Versus
MALLAPPA S/O MALAKAPPA UKKALI @ BOJAPPAGOL – Respondent
RSA/200347/2015
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF JUNE, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.N.DESAI
RSA NO.200347/2015 (PARTN)
BETWEEN:
RAJKUMAR
S/O. SANGAPPA DESAI
AGE: 39 YEARS
OCC: AGRICULTURE
R/O. KAKHANDAKI TQ.
DIST: VIJAYPUR
...APPELLANT
(SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1.
MALLAPPA
S/O. MALAKAPPA UKKALI @ BOJAPPAGOL
AGE:62 YEARS
OCC:AGRICULTURE
R/O. KAKHANDAKI TQ
DIST: VIJAYPUR - 586101
2.
BASAWWA
W/O. CHANAPPA UKKALI @ BOJAPPAGOL
AGE:64 YEARS
OCC:AGRICULTURE
R/O. KANAMADI TQ.
DIST:VIJAYPUR - 586 101
3.
BHIMAWWA @ MEENAXI
D/O. CHANAPPA UKKALI @ BOJAPPAGOL
2
AGE:36 YEARS
OCC: NIL
R/O. KANAMADI TQ,
DIST:VIJAYPUR - 586101
4.
SANGAPPA
S/O. YAMANAPPA DESAI
AGE:69 YEARS
OCC: AGRICULTURE
R/O.KADAKOL TQ.
BASAVNA BAGEWADI
DIST:VIJAYPUR - 586101
5.
MADIVALAPPA
S/O. SANGAPPA DESAI
AGE:35 YEARS
OCC:AGRICULTURE
R/O. KADAKOL
TQ:BASAVANA-BAGEWADI
DIST:VIJAYPUR - 586101
6.
ANASUYYA
W/O. RAMANGOUDA SALOTAGI
AGE:38 YEARS
OCC: HOUSE HOLD WORK
R/O. SALADA HALLI
TQ:SINDAGI
DIST:VIJAYPUR - 586101
7.
SHRISHAL
S/O. SANGAPPA DESAI
AGE:28 YEARS
OCC:AGRICULTURE
R/O. KADAKOL
TQ:BASAVANA-BAGEWADI
DIST:VIJAYPUR - 586101
8.
SAROJA
D/O. CHANAPPA BUJANGANAVAR
3
AGE:26 YEARS
OCC: HOUSE HOLD WORK
R/O. KANAMADI TQ
DIST: VIJAYPURA - 586101
…RESPONDENTS
(BY SRI P.S.PATIL, ADVOCATE FOR R4 AND R5;
NOTICE TO R1, R2, R3, R6, R7 AND R8 ARE
SERVED)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO
SET
ASIDE
THE
JUDGMENT
AND
DECREE
DATED
23.07.2015, PASSED IN R.A.NO.128/2013 ON THE FILE OF
THE
PRINCIPAL
DISTRICT
JUDGE,
AT
VIJAYPUR,
DISMISSING
THE
APPEAL
AND
CONFIRMING
THE
JUDGMENT AND DECREE DATED 02.09.2013, PASSED IN
O.S.NO.49/2011 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AT BIJAPUR.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal arises out of the judgment passed in
regular appeal No.128/2013 dated 23.07.2015 by the
Principal District Judge, Vijaypur, wherein the learned
Appellate court dismissed the appeal by confirming the
judgment and decree passed in O.S.No.49/2011 dated
02.09.2013 by I Additional Senior Civil Judge, Bijapur,
4
whereby the trial court decreed the suit in favour of the
plaintiffs.
2.
The appellant was defendant No.3, respondent
Nos.2 and 3 are the plaintiffs and respondent Nos.1 and 4
to 8 are defendant Nos.1 to 7 before the trial court.
3.
The parties will be referred as plaintiffs and
defendants as per their respective ranks before the trial
court.
4.
The plaintiffs had instituted a suit before the
trial court seeking partition and separate possession of
their 1/3rd share in suit schedule properties.
5.
It is the contention of the plaintiffs that one
Malakappa was the original propositus of their family. The
said Malakappa got two sons and two daughters by name
Channappa and Mallappa and Kallawwa and Gangawwa.
One of the daughter - Kallawwa died on 01.09.2008
without any legal heirs. The First son - Channappa also
died on 01.12..1997. The plaintiffs - Basawwa and
5
Bhimawwa are the wives of late Channappa. The another
daughter - Gangawwa died about six months prior to filing
of the suit and defendant No.2 is her husband. Defendant
Nos. 3 to 7 are the children of defendant No.2. The other
son of Malakappa was Mallappa defendnat No.1 before the
trial Court.
6.
It is contended by the plaintiffs that Kallawwa's
husband left her and he has married another women and
she died issueless. It is further contended that item Nos.1
and 3 of 'A' schedule property belonging to original
propositus
-
Malakappa
i.e.,
item
No.1
bearing
Sy.No.465/2, measuring 6 acres 30 guntas, item No.2
bearing Sy.No.468/2 measuring 3 acres 11 guntas and
it
