Karnataka High Court
RFA.CROB/104/2009 of SMT YALLAVVA W/O BULLAPPA DODDAMANI Vs MALATESH (MOTHER NEELAVVA TAMBURI) on 28 April 2026
NC: 2025:KHC-D:9438-DB RFA No. 1708 of 2007 C/W RFA.CROB No. 104 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1708 OF 2007
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY 2025
PRESENT
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 1708 OF 2007 (PAR-)
C/W
RFA CROSS OBJ NO. 104 OF 2009
IN RFA NO. 1708 OF 2007 (PAR-)
BETWEEN:
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1. SRI. MALATESH (MOTHER NEELAVVA TAMBURI), S/O. LATE NEELAPPA, AGED ABOUT 40 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ: HAVERI.
2. SRI. REVANASIDDAPPA (MOTHER NEELAVVA TAMBURI), S/O. LATE NEELAPPA, AGED ABOUT 38 YEARS, R/O. TOTADAYALLAPUR, TQ: HAVERI.
3. SRI. BULLAPPA (MOTHER NEELAVVA TAMBURI), S/O. LATE NEELAPPA, AGED ABOUT 36 YEARS, R/O. TOTADAYALLAPUR, TQ: HAVERI.
4. SRI. CHANDRASHEKHARAPPA (MOTHER NEELAVVA TAMBURI), S/O. LATE NEELAPPA, AGED ABOUT 34 YEARS, R/O. TOTADAYALLAPUR, TQ: HAVERI.
5. SRI. SHIVANAND (MOTHER NEELAVVA TAMBURI), S/O.LATE NEELAPPA, AGED ABOUT 29 YEARS, R/O. TOTADAYALLAPUR, TQ: HAVERI.
YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
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6. SMT. NEELAVVA W/O. LATE NEELAPPA, AGED ABOUT 60 YEARS, D/O. BIDDADEPPA TAMBURI, OCC: HOUSEHOLD WORK, TOTADAYALLAPUR, TQ: HAVERI.
6(i) SMT. ROSHAKKA SURESH LINGAMMANNAVAR, AGED ABOUT 48 YEARS, OCC: HOUSEHOLD, R/AT. HIRELINGADAHALLI, TQ AND DIST: HAVERI.
&APPELLANTS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE FOR A1-A5)
AND:
1. SMT. YALLAVVA W/O. BULLAPPA DODDAMANI, SINCE DECEASED BY L.R.
1A. SMT. NAGAVVA W/O. TIRAKAPPA KATENAHALLI, SINCE DECEASED BY HER LR9S.
1A(i) SRI. SHIVAPPA S/O. TIRAKAPPA KATENAHALLI, AGED ABOUT 70 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
1A(ii) SRI. KOTYAPPA S/O. TIRAKAPPA KATENAHALLI, AGED ABOUT 68 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
1A(iii) SMT. SHANTAVVA W/O. NEELAPPA BAJJALLI, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O. KALLIHAL, TQ & DIST: HAVERI.
1A(iv) SMT. FAKEERAVVA W/O. RAMANNA PUJAR, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O. GUTTAL, KURABARAGERI, TQ & DIST: HAVERI.
1A(v) SMT. HULAGAVVA @ BASAANNEVVA W/O. HUCHAPPA GUDDAPPANAVAR, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD, R/O. YALAGUCCHA, TQ & DIST: HAVERI.
1A(vi) SRI. GURUBASAPPA S/O. TIRAKAPPA KATENAHALLI, SINCE DECEASED BY LR9S.
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1A(vi)(i) SMT. VANAJAKSHI W/O. GURUBASAPPA KATENAHALLI, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
1A(vi)(ii) SMT. JAYAMMA W/O. MALATESH BAJALLI, AGED ABOUT 28 YEARS, OCC: HOUSEHOLD, R/AT KAKKIHAL, TQ AND DIST: HAVERI.
1A(vi)(iii) SMT. SUNITA W/O. MALATESH KURI, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/AT: DODDURU, TQ: SHIRAHATTI, DIST: GADAG.
1A(vi)(iv) SRI. BULAPPA S/O. GURUBASAPPA KATENAHALLI, AGED ABOUT 22 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
1A(vi)(v) SRI. TIRAKAPPA S/O. GURUBASAPPA KATENAHALLI, AGED ABOUT 20 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
2. SRI. NEELAPPA SINCE DECEASED BY L.R.
3. SMT. NAGAVVA W/O. NEELAPPA DODDAMANI AGED 50 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, AT KURAGUNDA, TQ: HAVERI, (SINCE DECEASED BY LR)
4. SRI. KARYALLAPPA TIRAKAPPA HULLMANI, AGED 65 YEARS, OCC: AGRICULTURE, R/O. BASAPUR, TQ: HAVER.
5. SRI. HALAPPA SANNAFAKKIRAPPA DODDAMANI, SINCE DECEASED BY HIS LR9S.
5(a) SMT. SHASHIKALA W/O. YALLAPPA KORI, AGED ABOUT 52 YEARS, OCC: HOUSEHOLD, R/AT BEHIND APMC, CHILLI MARKET, BYADAGI, DIST: HAVERI.
5(b)
SRI. PRAKASH S/O. HALAPPA DODDAMANI, AGED ABOUT 50 YEARS, OCC: AGRICULTURE,
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R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
5(c) SMT. LALITA YALLANGOUDA HOSAGOUDRA, SINCE DECEASED BY LR9S.
5(c)(i) KUMARI PREMA D/O. YALLANGOUDA HOSAGOUDRA, AGED 12 YEARS, STUDENT, REPRESENTED BY SRI. SHIVAPPA SANNAPPANNAVAR, R/AT KANOKAPUR, TQ AND DIST: HAVERI. (MINOR GUARDIAN VIDE ORDER DATED 03.06.2025 BY VIRTUE OF IA NO.10/2020) &RESPONDENTS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR R1(a)(i) TO R1(a)(v); NOTICE TO R1(a)(vi) (i), (iii), (vi) & (v) SERVED; NOTICE TO R1(a)(vi) (ii) HELD SUFFICIENT VIDE ORDER DATED 11.07.2023; SRI. F.V. PATIL, ADVOCATE FOR R2; R3-NEELAPPA SINCE DECEASED BY HIS LR AS PER CAUSE TITLE; R4-NAGAVVA SINCE DECEASED NO LR AS PER MEMO DATED 01.01.1988; R5(a), R5(b), R5(c)(i) SERVED; R5(c)(i) MINOR REP. BY MATERNAL UNCLE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC PRAYING TO CALL FOR RECORDS IN O.S.NO.59/1985 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN.) AND JMFC, HAVERI; SET ASIDE THE JUDGMENT AND DECREE DATED 18.04.2007 PASSED THEREIN AND DISMISS THE SUIT IN O.S.NO.59/1985 FILED BY SMT. YELLAVVA AND ETC.
IN RFA CROB NO.104/2009 (PAR/POS-) BETWEEN:
1. SMT. YALLAVVA W/O. BULLAPPA DODDAMANI, SINCE DECEASED BY HER LR
1(A). SMT. NAGAVVA W/O. TIRAKAPPA KATENAHALLI, SINCE DECEASED BY HER LR9S.
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1A(i) SRI. SHIVAPPA S/O. TIRAKAPPA KATENAHALLI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI-581110.
1A(ii) SRI. KOTYAPPA S/O. TIRAKAPPA KATENAHALLI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI-581110.
1A(iii) SMT. SHANTAVVA W/O. NEELAPPA BAJJALLI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. KALLIHAL, TQ & DIST: HAVERI-581110.
1A(iv) SMT. FAKEERAVVA W/O. RAMANNA @ SHIVABASAPPA PUJAR, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O. GUTTAL, KURABARAGERI, TQ & DIST: HAVERI-581110.
1A(v) SMT. HULAGAVVA @ BASANEVVA W/O. HUCHAPPA GUDDAPPANAVAR, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. YALAGUCCHA, TQ & DIST: HAVERI-581110.
1A(vi) SRI. GURUBASAPPA S/O. TIRAKAPPA KATENAHALLI, SINCE DECEASED BY LR9S.
1A(vi)(a) SMT. VANAJAKSHI W/O. GURUBASAPPA KATENAHALLI, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI-581110.
1A(vi)(b) SMT. JAYAMMA W/O. MALATESH BAJALLI, AGE: 28 YEARS, OCC: HOUSEHOLD, R/AT KALLIHAL, TQ AND DIST: HAVERI-581110.
1A(vi)(c) SMT. SUNITA W/O. MALATESH KURI, AGE: 25 YEARS, OCC: HOUSEHOLD, R/AT: DODDURU, TQ: SHIRAHATTI, DIST: GADAG-582120.
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1A(vi)(d) SRI. BULAPPA S/O. GURUBASAPPA KATENAHALLI, AGE: 22 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI-581110.
1A(vi)(e) SRI. TIRAKAPPA S/O. GURUBASAPPA KATENAHALLI, AGE: 20 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI-581110. &CROSS OBJECTORS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE FOR CROSS OBJECTORS NO.1(a)(i) TO (v) AND (vi) (a) TO (e))
AND:
1. MALATESH (MOTHER NEELAVVA TAMBURI), (S/O. LATE NEELAPPA) AGE: 40 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
2. REVANASIDDAPPA (MOTHER NEELAVVA TAMBURI), (S/O. LATE NEELAPPA) AGE: 38 YEARS, OCC: NIL, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
3. BULLAPPA (MOTHER NEELAVVA TAMBURI), (S/O. LATE NEELAPPA) AGE: 36 YEARS, OCC: NIL, R/O. TOTADAYALLAPUR, TQ AND DIST: HAVERI.
4. CHANDRASHEKHARAPPA (MOTHER NEELAVVA TAMBURI), (S/O. LATE NEELAPPA) AGE: 34 YEARS, OCC: NIL, R/O. TOTADAYALLAPUR, TQ & DIST: HAVERI.
5. SHIVANAND (MOTHER NEELAVVA TAMBURI), (S/O.LATE NEELAPPA) AGE: 29 YEARS, OCC: NIL, R/O. TOTADAYALLAPUR, TQ & DIST: HAVERI.
6. SMT. NEELAVVA W/O. LATE NEELAPPA, (D/O. BIDDADEPPA TAMBURI)
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AGE: 60 YEARS, OCC: HOUSEHOLD, R/O. TOTADAYALLAPUR, TQ & DIST: HAVERI. (SINCE DEAD BY HER LR]
6(a) SMT. ROSHAKKA W/O. SURESH LINGAMMANNAVAR, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. HIRELINGADAHALLI, TQ/DIST: HAVERI-581110.
7. NEELAPPA (A/F BULLAPPA DODDAMANI) AGE: 65 YEARS, OCC: AGRICULTURE, R/O. TOTADAYALLPUR, TQ AND DIST: HAVERI. (SINCE DECEASED BY HIS LR RESPONDENT NO.2 AS PER MEMO DATED 16-04-86)
8. SMT. NAGAVVA W/O. NEELAPPA DODDAMANI, AGE: 50 YEARS, OCC: AGRICULTURE & COOLIE, R/O. TOTADAYALLPUR, TQ AND DIST: HAVERI. (SINCE DECEASED NO LR AS PER MEMO DATED 1-1-88)
9. KARIYALAPPA S/O. TIRAKAPPA HULLMANI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BASAPUR, TQ AND DIST: HAVERI. (DECEASED DEFT.NO.9 WAS A FORMAL PARTY. HENCE HIS LR9S ARE NOT TAKEN ON RECORD AS PER MEMO DATED 20.09.2004)
10. HALAPPA S/O. SANAFAKKIRAPPA DODDAMANI, SINCE DECEASED BY HIS LRS.
10(A). SMT. SHASHIKALA W/O. YALLAPPA KORI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O. BEHIND APMC CHILLI MARKET, BYADAGI, DIST: HAVERI-581106.
10(B) PRAKASH S/O. HALAPPA DODDAMANI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O. BEHIND APMC CHILLI MARKET, BYADAGI, DIST: HAVERI-581106.
10(C) SMT. LALITA W/O. YALLANGOUDAR HOSAGOUDAR, SINCE DECEASED BY HER LR.
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10(C)(i) KUMARI PRERANA D/O. YALLANGOUDAR HOSAGOUDAR, AGE: 12 YEARS, OCC: STUDENT, C/O. SHIVAPPA SANNAPPANAVAR, R/O. KANAKAPUR, DIST: HAVERI-581110.
&RESPONDENTS (NOTICE TO R6(A) & R10(A) SERVED)
THIS CROSS OBJECTIONS FILED UNDER ORDER 41 RULE 22 OF CPC PRAYING TO THE JUDGMENT AND DECREE DATED 18-04- 2007 PASSED BY THE LEARNED CIVIL JUDGE (SR.DN.), HAVERI IN O.S.NO.59/1985, MAY KINDLY BE MODIFIED AND RESPONDENT NO.1(A) MAY BE AWARDED WITH ENTIRE SUIT SCHEDULED PROPERTIES AND COMPENSATION AMOUNT OF RS.9,75,945/- AND THE RESPONDENT NO.1(A)/PLAINTIFF NO.1(A) MAY BE DECLARED THAT SHE ALONE IS ENTITLED TO SUCCEED ALL THE PROPERTIES INCLUDING THE ENTIRE COMPENSATION AMOUNT OF RS.9,75,945/- SAME IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL AND CROSS OBJECTION COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)
Both the appeal and cross objection are arising out of impugned judgment and decree dated 18.04.2007 passed in OS No.59/1985 by Addl. Civil Judge (Senior Division) and JMFC., Haveri.
2. The appellants in RFA No.1708/2007 are the defendants while, the appellants in RFA Crob. No.104/2009 are the plaintiffs.
3. Heard Sri.Mruthunjaya Tata Bangi, learned counsel for appellant Nos.1 to 5 and Sri.Vijayendra Bhimakkanavar, learned counsel for Respondent No.1(a)(i) to R1(a)(v) in RFA No.1708/2007 and Sri.Vijayendra Bhimakkanavar, learned counsel for cross objector Nos.1(a)(i) to (v) and (vi) (a) to (e) in cross objection and perused the material on record.
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4. After hearing the matters for some time, at the request of the Court, both the appellants and respondents, on instructions submit that by way of amicable settlement between the parties, they would withdraw the appeal and cross objection by filing appropriate memo in this regard. Memo in RFA No.1708/2017 reads as below:
<The Appellants seek the leave of the this Hon9ble Court to withdraw the present appeal, as both the parties have amicably agreed to accept their respective proportionate shares in suit properties as determined in the judgment and decree passed by trial court. Hence the memo.=
5. In view of the above said facts and circumstances and settlement arrived between the parties, we deem it just and appropriate to dispose of both appeal and cross objection in terms of the memo filed by the parties.
6. Accordingly, the following:
ORDER
RFA No.1708/2007 and RFA Crob. No.104/2009 are disposed of as withdrawn in terms of the memo.
HC-KAR
In view of the disposal of main appeal, pending IAs if any, does not survive for consideration.
Sd/- (S.R. KRISHNA KUMAR) JUDGE
Sd/- (C.M. POONACHA) JUDGE HMB CT-MCK List No.: 1 Sl No.: 2