RFA/100033/2020 of SRI. VINOD SHANKAR MUCHANDI @ GANJI Vs SRI. SHANKAR RUKMANNA MUCHANDI @ GENJI on 28 August 2026

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 4TH DAY OF APRIL, 2024

BEFORE

THE HON'BLE MRS. JUSTICE M.G.UMA

REGULAR FIRST APPEAL NO.100033/2020(PAR)

BETWEEN:

1.

SRI VINOD SHANKAR MUCHANDI @ GANJI,

AGE: 60 YEARS, OCC: GOVT. SERVICE,

R/O: 176 TABIB LAN 4TH CROSS,

HUBBALLI.

SMT. UMA

W/O. SHANKAR MUCHANDI @ GENJI

SINCE DECEASED HER LEGAL HEIRS

WHO ARE ALREADY ON RECORD.

2.

SHRI SANDESH SHANKAR

MUCHANDI @ GENJI,

AGE: 54 YRS, OCC: SERVICE,

R/O: TABIB LAND,

HUBBALII – 580 020.

…APPELLANTS

(BY SRI PRAKASH K. JAWALKAR, ADVOCATE)

AND:

1.

SRI. SHANKAR RUKMANNA

SINCE DECEASED BY HIS LEGAL HEIRS ARE

ALREADY ON RECORD.

1A.

UMA W/O. SHANKAR MUCHANDI @ GENJI,

SINCE DECEASED HER LEGAL

HEIRS ARE ONLY ON RECORD.

1B.

VINOD SHANKAR MUCHANDI @ GENJI.

1C.

SANDESH SHANKAR MUCHANDI @ GENJI.

Digitally

signed by

MANJANNA E

Location:

High Court of

Karnataka

ALREADY ARRAYED AS APPELLANT NO.2

SRI. GORAKH RUKMANNA

MUCHANDI @ GENJI,

SINCE DECEASED REPRESENTED BY

RESPONDENTS 2(A) TO (D) HEREIN.

SMT. SUGANDHA GORAKNATH MUCHANDI,

SINCE DECEASED REPRESENTED

BY HER LRS.

1.

SRI PRAMOD

GORAKNATH MUCHANDI,

AGE: 60 YEARS, OCC: GOVT. SERVICE,

R/O: 27/14, TABIB LAND, 4TH CROSS,

HUBBALLI – 580 020.

2.

SRI SANJAY

GORAKNATH MUCHANDI,

AGE: 52 YEARS, OCC: DAILY WAGE WORK,

R/O: 27/14, TABIB LAND, 4TH CROSS,

HUBBALLI – 580 020.

3.

MRS VAISHALI SANJAY BHOSALE,

D/O. GORAKNATH MUCHANDI,

AGE: 48 YEARS, OCC: HOUSEHOLD WORK,

R/O : RELIANCE TOWNSHIP,

HODHIVALI, TQ: KHANAPUR,

DIST: RAIGAD, MUMBAI – 410 206,

MAHARASHTRA.

4.

SMT. SUMAN

W/O. DINKAR JADHAV,

AGE: 74 YEARS, OCC: HOUSEHOLD,

R/O : 168/29A, TAHASILDAR GALLI,

BELAGAVI – 590 001.

5.

SHRI SHIVAJI GUNDRAO PATIL,

AGE: 75 YEARS,

OCC: CONSULTING ENGINEER,

R/O : B6, MAHATMA PHULE CO-OPERATIVE

HOUSING SOCIETY LTD.,

PLOT NOS. 6667,

SHIVSHRUSHTI, KURLA (E),

MUMBAI – 400 024.

JANAKI RAMCHANDRA KOWADKAR

SINCE DECEASED IS REP. BY LRS.

6.

MOHAN @ APPA RAMCHANDRA KOWADKAR,

AGE: 66 YRS, OCC: SERVICE,

R/O: SHIVYOGI HOUSING COLONY,

HUKKERI ROAD, SAMKESHWAR,

TQ: HUKKERI,

DIST: BELAGAVI – 591 313.

7.

SURESH RAMCHANDRA KOWADKAR,

AGE: 60 YRS, OCC: GOVT. SERVICE,

R/O: SHIVYOGI HOUSING COLONY,

HUKKERI ROAD, SAMKESHWAR,

TQ: HUKKERI,

DIST: BELAGAVI – 591 313.

8.

PRAKASH

RAMCHANDRA KOWADKAR,

AGE: 52 YRS, OCC: SERVICE,

R/O: SHIVYOGI HOUSING COLONY,

HUKKERI ROAD, SAMKESHWAR,

TQ: HUKKERI, DIST: BELAGAVI – 591 313.

9.

ARUN RAMCHANDRA KOWADKAR,

AGE: 56 YRS, OCC: SERVICE,

R/O: SHIVYOGI HOUSING COLONY,

HUKKERI ROAD, SAMKESHWAR,

TQ: HUKKERI, DIST: BELAGAVI - 591 313.

…RESPONDENTS

THIS RFA IS FILED UNDER SEC. 96 RULE 1 OF CPC R/W

SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED

27.09.2019 PASSED IN O.S.NO.303/2007 ON THE FILE OF THE 1ST

ADDITIONAL

SENIOR

CIVIL

JUDGE

AND

CHIEF

JUDICIAL

MAGISTRATE,

BELAGAVI

DISMISSING

THE

SUIT

FILED

FOR

PARTITION AND SEPARATE POSSESSION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING: