IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 9^TH DAY OF FEBRUARY 2021

PRESENT

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

AND

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

REGULAR FIRST APPEAL NO.5010/2011

C/W

REGULAR FIRST APPEAL NO.200110/2017

RFA No.5010/2011:

Between:

1.

Umesh Patil

S/o Prabhu Shetty Patil

Age: Major, Occupation: Agriculture

R/o Udamalli, Tq. Humnabad

2.

Mahesh Patil

S/o Prabhu Shetty Patil

Age: Major, Occupation: Agriculture

R/o Udamalli, Tq. Humnabad

3.

Anita Sheety

W/o Rachotappa Shetty

and D/o Prabhu Shetty Patil

Age: Major, Occupation: Household

R/o Udamalli, Tq. Humnabad

4.

Savita W/o Santosh

2

and D/o Prabhu Shetty Patil

Age: Major, Occupation: Agriculture

R/o Udamalli, Tq. Humnabad

…Appellants

(By Sri Amresh S. Roja, Advocate)

And:

1.

Girish S/o Prabhu Shetty Patil

Age: 20 Years, Occ: Agriculture

R/o Udamnalli, Taluk: Humnabad

Dead by LRs

1a. Sangeeta W/o Late Girish Patil

Age: 31 Years, Occ: Household

R/o Udamanalli, Tq. Humnabad

Dist. Bidar

1b. Vedant S/o Late Girish Patil

Age: 4 Years, Occ: Minor

U/Guardianship of his

Natural Mother and LR No.1

2.

Prabhushetty Patil S/o Rachappa Patil

Age: Major, Occupation: Agriculture

R/o Udamanalli, Tq. Humnabad

3.

Shoba Patil W/o Prabhushetty Patil

Age: Major, Occupation: Agriculture

R/o Udamanalli, Tq. Humnabad

4.

Sharat Kumar S/o Veershetty Ranjol Kheni

Age: Major, Occupation: Money lending and

Agriculture, R/o Behind Barid Shai

Golden Jubilee Park

Millenium Public School Road

3

Shivanagar, North Bidar

5.

Vijay Kumar S/o Padmanna Patil

Age: Major, Occupation: Agriculture

R/o Udamnalli, Tq. Humnabad

6.

Ashok Patil S/o Padamanna Patil

Age: Major, Occupation: Agriculture

R/o Udamnalli, Tq. Humnabad

7. Balaji S/o Narayanrao Dandin

Age: 26 Years, Occ: Agriculture

R/o Udmanahalli, Tq. Humnabad

Dist. Bidar

8. Veeresh S/o Narayanrao Dandin

Age: 20 Years, Occ: Nil

R/o Udmanahalli, Tq. Humnabad

Dist. Bidar.

…Respondents

[Sri Gourish S. Khashampur, Advocate for R2;

Sri S. S. Mamadapur, Advocate for

Sri Ashok R. Kalyanshetty, Advocate for R4;

Sri Sanjeevkumar C. Patil, Advocate for R1, R5 & R6;

Sri S. S. Mamadapur, Advocate for R7 & R8;

R1(a) and R3 served;

R1(b) is minor represented by R1(a)]

This Regular First Appeal is filed under Section 96

R/w Order 41 Rule 1 of Code of Civil Procedure, praying to

allow the appeal and set aside the judgment and decree in

O.S.No.14/2002, dated 03-02-2011 passed by the Court of

the Senior Civil Judge at Basavakalyan (Camp at

Humnabad).

4

RFA No.200110/2017:

Between:

Prabhushetty Patil S/o Rachappa Patil

Aged about 65 Years

Occ: Agriculture

R/o Udamnalli Village

Tq. Humnabad, Dist. Bidar

…Appellant

(By Sri Ravi B. Patil, Advocate)

And:

1.

Sharad Kumar

S/o Veershetty Ranjol Kheni

Age: Major, Occ: Agriculture

R/o Behind Bareed Shahi Golden Jubli Park

Millennium Public School Road

Shivnagar North, Bidar - 585401

2.

Balaji S/o Narayanrao Dandin

Aged about 29 Years

Occ: Agriculture

R/o Village Udamnalli

Tq. Humnabad

Dist. Bidar - 585401

3.

Veeresh S/o Narayanrao Dandin

Aged about 21 Years

Occ: Agriculture

R/o Village Udamnalli

Tq. Humnabad

Dist. Bidar - 585401

4.

Narayanrao Dandin

S/o Beerappa Dandin

5

Aged about 60 Years

Occ: Agriculture

R/o Village Udamnalli

Tq. Humnabad

Dist. Bidar - 585401

…Respondents

(Sri Venkatesh C. Mallabadi, Advocate for

Sri Ameet Kumar Deshpande, Advocate)

This Regular First Appeal is filed under Section 96 of

Code of Civil Procedure, praying to set aside the judgment

and decree passed by the Court of Senior Civil Judge and

JMFC at Humnabad, in O.S.No.55/2015 dated 29-07-2017

and consequently allow the appeal by decreeing the suit of

the appellant in entirety.