- 1 - HC-KAR NC: 2025:KHC-D:16786-DB RFA No. 100174 of 2021 C/W RFA No. 100073 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100174 OF 2021 (PAR/POS) C/W REGULAR FIRST APPEAL NO. 100073 OF 2021 IN RFA NO.100174 OF 2021: BETWEEN: SMT. NEELIMA W/O. PRAKASH CHIVATE AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. SNEHAL BUILDING, 128, BUDHWARPETH KARAD-415110, DIST: SATARA, MAHARASHTRA STATE …APPELLANT (BY SRI. SURESH S.GUNDI, ADVOCATE) AND: 1. SMT. ANJALI W/O. VILAS GIRI AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. CCB 40 DEVASTHAN MARG, CHIDAMBAD NAGAR, TILAKWADI, BELAGAVI-590006. 2. SMT. LATA W/O. VITHAL DESAI AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. CCB NO.R.S. NO.19/2/2/4, DEVASTHNA MARG, CHIDAMBAR NAGAR, TILAKWADI, BELAGAVI-590006. 3. SRI PANKAJ S/O. PRAKASH CHIVATE AGE: 47 YEARS, OCC: PRIVATE SERVICE, R/O. NO.A-1002, KAPIL ABHIJIT, DANUR COLONY, NEAR CUMMINS FACTORY, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:16786-DB RFA No. 100174 of 2021 C/W RFA No. 100073 of 2021 KOTHRUD, PUNE-411038 STATE OF MAHARASHTRA. NOW AT NO.19, WOOD FORD STREET, THE PONDS, N.S.W.2769, AUSTRALIA. …RESPONDENTS (BY SRI. GANGADHAR HOSAKERI, ADVOCATE FOR R-1) (BY SRI SHRIKANT PATIL AND SRI. ROHIT S.PATIL, ADV. FOR R-2) (BY SRI N.P.VIVEKMEHTA, ADVOCATE FOR PROPOSED R-3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 (1) READ WITH ORDER 41 RULE 1 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 31.03.2021 PASSED IN O.S.NO.166/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND ETC. IN RFA NO.100073 OF 2021: BETWEEN: SMT. LATA W/O. VITHAL DESAI AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. CCB NO. R.S.19/2/2/4, DEVASTHNA MARG, CHIDAMBAR NAGAR, TILAKAWADI, DIST: BELAGAVI-590006. …APPELLANT (BY SRI. SHRIKANT T.PATIL, ADVOCATE) AND: 1. SMT. ANJALI W/O. VILAS GIRI AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. CCB 40, DEVASTHAN MARG, CHIDAMBAR NAGAR, TILAKAWADI, DIST: BELAGAVI-590006. 2. SMT. VRUNDHA W/O. KRISHNAJI INAMDAR SINCE DECEASED BY HER LR’s RESPONDENTS NO.1 AND 3. 3. SMT. NILEEMA W/O. PRAKASH CHIVATE AGE: 63 YEARS, OCC: HOUSEHOLD WORK, - 3 - HC-KAR NC: 2025:KHC-D:16786-DB RFA No. 100174 of 2021 C/W RFA No. 100073 of 2021 R/O. SNEHAL BLDG, 128, BUDHWARPETH KARAD DIST: SATARA, MAHARASHTRA STATE-415001. …RESPONDENTS (BY SRI GANGADHAR HOSAKERI, ADVOCATE FOR R1) (BY SRI SURESH S.GUNDI, ADVOCATE FOR R3) (VIDE ORDER DATED 16.02.2022, APPEAL AGAINST R2 STANDS ABATED) (VIDE ORDER DATED 31.07.2023, RESPONDENTS NO.1 AND 3 ARE LR’s OF DECEASED RESPONDENT NO.2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 31.03.2021 PASSED IN O.S.NO.166/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION AND ETC. THESE REGULAR FIRST APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) 1. Application I.A.No.1/2025 is filed by Sri Pankaj S/o. Prakash Chivate seeking to implead himself as a party respondent to the proceedings. Learned counsel for the applicant submits that the applicant is the son of defendant No.3-Smt. Neelima in the suit and applicant’s grandfather late Sri Krishnaji Inamadar has left behind his last Will dated 22.10.1985, which - 4 - HC-KAR NC: 2025:KHC-D:16786-DB RFA No. 100174 of 2021 C/W RFA No. 100073 of 2021 was not brought to the notice of the trial Court. In that view of the matter, the learned counsel submits that the application is to be allowed while permitting the applicant to come on record as party respondent to the proceedings. Learned counsel would further submit that in view of contentions of the applicant, the matter will have to be remanded back to the trial Court for re- consideration, in the light of the last Will said to have been left behind by late Sri Krishnaji Inamadar. 2. Learned counsels for the appellant and respondents in both appeals, who are present before this Court including the learned counsel Sri Gangadhar Hosakeri, who is appearing for the original plaintiff do not dispute the submissions made by the learned counsel for the applicant in I.A.No.1/2025. 3. In that view of the matter, since the suit of the plaintiff in O.S. No.166/2014 for partition and separate possession will have to be re-considered having regard to the claim of the applicant, this Court is of the considered opinion that the impugned Judgment and Decree will have to be set aside to enable the applicant herein to contest the suit filed by Smt. Anjali W/o. Vilas Giri. - 5 - HC-KAR NC: 2025:KHC-D:16786-DB RFA No. 100174 of 2021 C/W RFA No. 100073 of 2021 4. Accordingly, while allowing the application and permitting the applicant to come on record as respondent No.3 in both appeals, the impugned Judgment and Decree dated 31.03.2021 passed in O.S. No.166/2014 by the III Additional Senior Civil Judge and CJM, Belagavi is hereby quashed and set aside. 5. The matter stands remanded back to the trial Court with a direction to enable the newly impleaded respondent No.3 to be impleaded as defendant No.4 in the suit and to enable the newly impleaded defendant to file written statement and proceed with the matter. 6. The parties are directed to appear before the III Additional Senior Civil Judge and CJM, Belagavi on 05.01.2026 without waiting for further notice. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK Ct:vh List No.: 1 Sl No.: 14