- 1 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5176 OF 2013 (DEC-) BETWEEN: 1. SUBHASCHANDRA S/O. YALLAPPA DAMODAR, SINCE DECEASED HIS LR’S. 1(a) SMT. LAXMIBAI W/O. SUBHASCHANDRA DAMODAR, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O. GANDINAGAR, HOLE-ALUR, TQ: RON, DIST: GADAG. 1(b) SMT. RENUKA @ USHA W/O. PRAKASH MANDRE, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. 5TH CROSS, SHIVAPETH, RON, DIST: GADAG. 1(c) YALLAPPA S/O. SUBHASCHANDRA DAMODAR, AGE: 38 YEARS, OCC: PRIVATE SERVICE, R/O. GANDINAGAR, HOLE-ALUR, TQ: RON, DIST: GADAG. 1(d) SANTOSHKUMAR S/O. SUBHASCHANDRA DAMODAR, AGE: 36 YEARS, OCC: PRIVATE SERVICE, R/O. GANDINAGAR, HOLE-ALUR, TQ: RON, DIST: GADAG. 1(e) YACHRAPPA MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 S/O. SUBHASCHANDRA DAMODAR, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O. GANDINAGAR, HOLE-ALUR, TQ: RON, DIST: GADAG. 1(f) VASANT S/O. SUBHASCHANDRA DAMODAR, AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O. GANDINAGAR, HOLE-ALUR, TQ: RON, DIST: GADAG. 2. SMT. LAKKAVVA W/O. BABURAO NAVALE, AGE: YEARS, OCC: HOUSEHOLD, R/O: HOLE-ALUR, TQ: RON. 3. SMT. SUJATA W/O. VENKANNA KUNTE, AGE: YEARS, OCC: HOUSEHOLD WORK, R/O: KESHWAPUR, HUBLI. 4. SMT. SUGANDHABAI W/O. CHANDRAKANT PISSE, OCC: HOUSEHOLD WORK, R/O: GADAG, DIST: GADAG. 5. SMT. KASTURIBAI W/O. LAXMAN LATURKAR, SINCE DECEASED BY HER LR’S 5(A), 5(A) ANANTH S/O. LAXMAN LATURKAR, AGE: 30 YEARS, OCC: BUSINESS, R/O: GADAG, DIST: GADAG. 6. SMT. SONABAI W/O. YALLAPPA SINCE DECEASED BY HER LR’S APPELLANT NO.1 TO 5(A). …APPELLANTS (BY SRI. M.M. HIREMATH, ADVOCATE) - 3 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 AND: 1. SMT. SHANTABAI W/O. KRISHNAJI NAVALE, SINCE DECEASED HER LR’S. 1(a) SMT. VANAJAXI W/O. LAXMANRAO TIKARE, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. DHARWAD, TQ: DHARWAD. 1(B) NAGESH KRISHNAJI NAVADE, AGE: 56 YEARS, OCC: BUSINESS, R/O. DHARWAD, TQ: DHARWAD. 1(C) SHANKAR KRISHNAJI NAVADE, SINCE DECEASED HIS LR’S 1(C)(A) SMT. SUJATA W/O. SHANKAR NAVADE, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, 1(C)(B) NAGARAJ S/O. SHANKAR NAVALE, AGE: 30 YEARS, OCC: PRIVATE SERVICE, 1(C)(C) MANJU S/O. SHANKAR NAVADE, AGE: 28 YEARS, OCC: STUDENT, ALL ARE R/O. 6TH CROSS JANNAT NAGAR. 1(D) ASHOK KRISHNAJI NAVADE, AGE: 50 YEARS, OCC: BUSINESS, R/O. DHARWAD, TQ: DHARWAD. 1(E) SMT. BHARTI BALU NAVADE, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. DHARWAD, TQ: DHARWAD. 1(F) ANAND BALU NAVADE, - 4 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 AGE: 22 YEARS, OCC: BUSINESS, R/O. DHARWAD, TQ: DHARWAD. 1(G) PARASHURAM BALU NAVADE, AGE: 20 YEARS, OCC: BUSINESS, R/O. DHARWAD, TQ: DHARWAD. 2. BALAPPA S/O. NAGAPPA JADHAV, SINCE DECEASED HIS LR’S. 2(A) SMT. SHANTAVVA W/O. BALAPPA JADHAV, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 2(B) NAGARAJ S/O. BALAPPA JADHAV, AGE: 45 YEARS, OCC: PRIVATE SERVICE, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 2(C) TUKARAM S/O. BALAPPA JADHAV, AGE: 43 YEARS, OCC: PVT. SERVICE, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 2(D) RUKMINI W/O. MARUTI HEBBAR, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. BELUR, TQ: BADAMI, DIST: BAGALKOT-587201. 2(E) LAXMI W/O. AMBANNA HANCHATE, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. BELUR, TQ: BADAMI, DIST: BAGALKOT-587201. 3. RAJAPPA S/O. NAGAPPA JADHAV SINCE DECEASED HIS LR’S. 3(A) SMT. LAXMIBAI W/O. RAJENDRA JADHAV, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, - 5 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 3(B) NAGARAJ S/O. RAJENDRA JADHAV, AGE: 40 YEARS, OCC: PVT. SERVICE, R/O. SAJJI BANDE, NEAR TAYAMMANA GUDI, KOPPAL. 3(C) DURGOJI S/O. RAJENDRA JADHAV, AGE: 38 YEARS, OCC: PVT. SERVICE, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 3(D) RAMESH S/O. RAJENDRA JADHAV, AGE: 36 YEARS, OCC: PVT. SERVICE, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 3(E) JAGADISH S/O. RAJENDRA JADHAV, AGE: 34 YEARS, OCC: PVT. SERVICE, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 4. HANAMANTAPPA S/O. NAGAPPA JADHAV SINCE DECEASED HIS LR’S. 4(A) SMT. SUBHADRAMMA W/O. HANUMANTAPPA JADHAV, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. SULIKERI, TQ: AND DIST: KOPPAL. 4(B) HANAMANT S/O. HANUMANTAPPA JADHAV, AGE: 44 YEARS, OCC: PVT. SERVICE, R/O. SULIKERI, TQ: AND DIST: KOPPAL. 4(C) HANUMESH S/O. HANUMANTAPPA JADHAV, AGE: 42 YEARS, OCC: PVT. SERVICE, - 6 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 R/O. SULIKERI, TQ: AND DIST: KOPPAL. 4(D) SMT. RATNAVVA W/O. HANUMESH LATURKAR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR PANDURANGA TEMPLE, AT POST: KANAKAGIR, TQ: GANGAVATHI, DIST: KOPPAL. 5. SHANKARAPPA S/O. NAGAPPA JADHAV, AGE: 32 YEARS, R/O: KOPPAL, DIST: KOPPAL. 6. VENKAPPA S/O. NAGAPPA JADHAV, AGE: 35 YEARS, R/O: KOPPAL, DIST: KOPPAL. 7. VITTAL S/O. NAGAPPA JADHAV, AGE: 30 YEARS, R/O: KOPPAL, DIST: KOPPAL. 8. SAKKUBAI W/O. RAMANNA BALAMKAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: BUDAGUMPI, TQ: DIST: KOPPAL. 9. YAMUNABAI W/O. VENKAPPA JADHAV, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: SUDAGUMPI, TQ: DIST: KOPPAL. 10. SMT. BHARATI W/O. VITTAL JADHAV, SINCE DECEASED HIS LR’S RESPONDENT NO.7 & 8 11. LAXMI D/O. TULAJARAM BONDADE, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: BUDAGUMPI, TQ: DIST: KOPPAL. 12. MARUTHI D/O. TULAJARAM BONDADE, AGE: YEARS, OCC: HOUSEHOLD WORK, R/O: KANAKAGIRI, TQ: DIST: KOPPAL. - 7 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 13. TULAJARAM HIREAMARANNA BANDODE, SINCE DECEASED HIS LR’S. 13(A) MARUTEPPA S/O. TULUJARAM BANDADE, AGE: 48 YEARS, OCC: PVT. SERVICE, R/O. NEAR VENKATESHWARA TEMPLE, AT POST: KANAKAGIR, TQ: GANGAVATHI, DIST: KOPPAL. 13(B) MUTTANNA S/O. TULUJARAM BANDADE, AGE: 45 YEARS, OCC: PVT. SERVICE, R/O. NEAR VENKATESHWARA TEMPLE, AT POST: KANAKAGIR, TQ: GANGAVATHI, DIST: KOPPAL. 13(C) SMT. YAMANAVVA W/O. YANKAPPA JADHAV, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. 13(D) SMT. LAXMI W/O. VIJAY MANDRE, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. HAMALAR COLONY, NEAR NIVEDITA SCHOOL, KOPPAL. …RESPONDENTS (BY SRI. R.H. ANGADI, ADVOCATE FOR R1(A, B, D-G); R1C(C) & R1C(B), R2(A), R2(B), R2(C), R4(B), R4(C), R4(D), R5, R6, R9, R13(A) & R13 (B) ARE HELD SUFFICIENT; R2(D), R2(E), R3(A-E), R4(A), R7, R8, R11, R12, R13(C) & R13(C) & R13(D) ARE SERVED & UNREPRESENTED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY FAST TRACK COURT GADAG IN R.A. NO.13/2010 DATED 14.06.2012, MODIFYING THE JUDGMENT AND DECREE PASSED IN CIVIL JUDGE (SR.DN) RON IN O.S. NO.176/2004 DATED 18.12.2008 - 8 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 BY DISMISSING THE SUIT OF THE PLAINTIFF IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. This appeal is preferred by the defendant Nos.1 to 6 challenging the judgment and decree dated 14.06.2012 in R.A.No.13 of 2010 on the file of the Fast Track Court, Gadag, (for short, ‘First Appellate Court’) allowing the appeal and setting aside the judgment and decree dated 18.12.2008 in OS.No.176 of 2004 on the file of the Civil Judge, (Sr. Dn.), Ron (for short, ‘Trial Court’) decreeing the suit of the plaintiffs. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. - 9 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 3. It is the case of the plaintiffs that, one Yellappa Parasappa Damodar, is the head of the joint family, who died on 20.12.1972 leaving behind his first wife Sheetawwa (who died during the year 1986). Yellappa had two daughters through Sheetawwa namely, Yellavva and Shantabai (plaintiff No.1). Yellavva, died leaving behind 12 children as plaintiff Nos.2 to plaintiff No.13. It is also stated in the plaint that, Yellappa illegally married Sonabai (defendant No.6) and through her five children were born, namely, defendant Nos.1 to defendant No.5. It is further stated in the plaint that, the suit properties are the joint family properties of deceased Yellappa as he died on 20.12.1972, and therefore, the plaintiffs are entitled for share in the suit schedule property. Hence, the plaintiffs have filed OS No.176 of 2004, seeking relief of partition and separate possession in respect of suit schedule property. - 10 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 4. After service of notice, the defendants entered appearance and filed detailed written statement denying the averments made in the plaint. It is the specific contention of the defendants that the Sheetawwa is not legally wedded wife of deceased Yellappa and Sonabai (Defendant No.6) is the legally wedded wife of deceased Yellappa and therefore, sought for dismissal of the suit. 5. The Trial Court based on the pleadings on record, has framed issues for its consideration. In order to establish their case, the plaintiffs have examined 2 witnesses as PW1 and PW2 and produced 11 documents and same were marked as Exs.P1 to P11. The defendants have examined defendant No.1 as DW1 and got marked 32 documents as Exs.D1 to D32. 6. The Trial Court, after considering the material on record, by its judgment and decree dated 18.12.2009 - 11 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 decreed the suit in part and feeling aggrieved by the same, the defendants have preferred RA.No.13 of 2010 on the file of the First Appellate Court and same was resisted by the plaintiffs. The First Appellate Court, after re-appreciating the material on record, by its judgment and decree dated 14.06.2012 allowed the appeal, consequently, modified the shares of the parties. Feeling aggrieved by the same, the defendants has preferred this Regular Second Appeal. 7. This court vide order dated 28.08.2023 formulated the following substantial question of law. “Whether the finding recorded by the Trial Court and First Appellate Court are perverse having not taken into account the varadi made by the propositus Yellappa Damodar at Ex.P8, wherein the property has been bequeathed in favour of son defendant No.1 ?” - 12 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 8. I have heard Sri. M. M. Hiremath, learned counsel appearing for the appellants and Sri. R.H. Angadi, learned counsel appearing for the respondent No.1. 9. Sri. M.M. Hiremath, learned counsel appearing for the appellants contended that the deceased Yellappa married only Sonabai i.e. defendant No.6 and not Sheetawwa and in this regard, the learned counsel appearing for the appellants drew the attention of the court to Ex.P8 and contended that, a varadi has been given by late Yellappa to enter the name of defendant No.1 in the revenue records, which makes it clear that, late Yellappa had married only Sonabai and she is the legally wedded wife of Yellappa. Therefore, the plaintiffs are not entitled for share in the suit schedule property. Accordingly, sought for interference of this Court. - 13 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 10. Per contra, Sri. R.H. Angadi, learned counsel appearing for the respondents sought to justify the impugned judgment and decree passed by First Appellate Court. It is contended by the learned counsel appearing for the respondents by referring to Ex.P9 and Ex.10, that, declaration given by the school authorities stating that, Yellavva and Shantabai are the children of late Yellappa and also he invited the attention of the court to the evidence of PW2, who is the Headmaster of KGS School, Hole-Alur, and contended that, no interference is called for in this appeal. 11. In the light of the submissions made by the learned counsel appearing for the parties, I have carefully examined the findings recorded by both the Courts below and perused the original records. - 14 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 12. On careful examination of the findings recorded by both the Courts below, the plaintiffs have narrated the genealogy of the parties and same is extract below. GENEALOGY Yallappa Parasappa Damodar (Died in 1972) =Sheetawwa (I wife died in 1986) Yallawwa (died 15 yrs back) Shantbai (Pf.1) Balappa Rajappa Hanama Shankara Venkappa Vittal Saroja Sakkubai (P.2) (P.3) (P.4) (P.5) (P.6) (P.7) (died) (P.8) W/o. Tulajara (P.13) Yamunabai Bharati Laxmi Maruti (P.9) (P.10) (P.11) (P.12) Sonabai-Calling as II wife of Yallappa (D.6) Lekavva Sujata Sugunabai Kasturibai Subhashchandar (D.2) (D.3) (D.4) (D.5) (D.1) - 15 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 13. On careful examination of the genealogy, Yellappa had two wives namely, Sheetawwa and Sonabai (defendant No.6). Yellappa had two children, namely, Yellavva and Shantabai (plaintiff No.1) through Sheetawwa. Yellappa had five children (defendant Nos. 1 to 5) through Sonabai (Defendant No.6). First daughter of Yellappa i.e. Yellavva had 12 children-plaintiff Nos.2 to 12. One of the daughters- Saroja died leaving behind her husband-Tulajara. The question in the present appeal is with regard to determine whether the Yellappa had two children through Sheetawwa or not? In this regard, the plaintiffs have produced Ex.P9 and Ex.P10, certificate of declaration issued by the Headmaster of Government Higher Primary School-Hole-alur, Ron Taluk, Gadag District, which would establish that Yellavva and Shantbai are the children of Yellappa through Sheetawwa. The School records is also - 16 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 summoned and same is produced as Ex.P11 and P11(a). It shows that, name of Shantabai, D/o. Yellappa, and date of admission is 04.01.1939. It is also to be noted that, the plaintiffs have examined PW2 to prove Ex.P9 to Ex.11. In that view of the matter, it could be held that Yellappa had two daughters through Sheetawwa i.e. Yellavva and Shantabai. In that view of the matter, the appellants have not made out a case for interference as the entire arguments of the appellants is based on Ex.P8- Varadi prepared by the revenue authorities, however, the defendants have not proved the contents of the same by examining the independent witness and that apart, the Varadi said to have been given by Yellappa on 27.03.1970 and same has not been produced before the Trial Court. Therefore, I am of the view that, finding recorded by the First Appellate Court that - 17 - NC: 2025:KHC-D:5601 RSA No. 5176 of 2013 Sheetawwa is the wife Yellappa is just and proper and no interference is called for. 14. It is also to be noted that FDP No.10 of 2012 is filed by the plaintiffs and same has concluded on 02.01.2015 and therefore, as the rights of the parties is already crystallized in the Final Decree Proceedings and accordingly, no interference is called for in this appeal. Substantial question of law framed above favours the respondents herein and in the result, Regular Second Appeal is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 34