- 1 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100385 OF 2017 (DEC/INJ) C/W REGULAR FIRST APPEAL NO.100150 OF 2025 REGULAR FIRST APPEAL NO.100151 OF 2025 REGULAR FIRST APPEAL NO.100152 OF 2025 IN RFA 100385/2017: BETWEEN: KARNATAKA HOUSING BOARD BY ITS COMMISSIONER, CAUVERY BHAVAN, BENGALURU-560052, (KARNATAKA HOUSING BOARD REPRESENTED BY EXECUTIVE ENGINEER MAHANTESH NAGAR, BELAGAVI-590001). …APPELLANT (BY SRI. ASHOK R.KALYANASHETTY, ADVOCATE) AND: 1. SMT. KAMALA W/O. MANICK MUCHANDI, AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O. PLOT NO.50, RAVINAGAR, GOKUL ROAD, HUBBALLI-580020. 2. LATE SHANTABAI W/O. FAKIRA LANGARKANDE (SINCE DECEASED BY HER LRS) 2(A). SHRI NARAYAN S/O. LATE FAKIRA LANGARKANDE, AGE: MAJOR, OCC:PRIVATE SERVICE, R MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.05 15:02:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O: NOW AT NO.476, LAXMI GALLI, OLD DNDHINAGAR, BELAGAVI-590001. 2(B). SMT. SUNITA D/O LATE FAKIRA LANGARKANDE, AGE: MAJOR, OCC: PRIVATE SERVICE, R/O. H.NO.2521, KAMAT GALLI, BELAGAVI-590001 2(C). SMT. JAYA D/O. LATE FAKIRA LANGARKANDE, ALSO KNOWN AS SMT JAYA W/O RAJU GUPTA, AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O:H.NO.2521, KAMAT GALLI, BELAGAVI-590001. 2(D). SHRI PRAVEEN S/O. LATE FAKIRA LANGARKANDE, AGE:MAJOR, OCC:PRIVATE SERVICE, R/O:H.NO.476, LAXMI GALLI, OLD GANDHINAGAR, BELAGAVI-590001. 3. SHRI VASANT S/O. LATE MALLAPPA KURNE, AGE: MAJOR, OCC: PVT SERVICE, R/O CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 4. LATE VISHWANATH S/O. MALLAPPA KURNE SINCE DECEASED BY HIS LRS 4A TO 4E 4(A). SMT. KAUSALYA W/O. VISHWANATH KURNE AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 4(B). SMT. NEETA W/O. SATERI PATIL AGE: 21 YEARS, OCC: HOUSEHOLD WORK, R/O CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 4(C). SMT. POONAM W/O KRISHNA JAMBOTKAR AGE: 19 YEARS, OCC:HOUSEHOLD WORK, R/O. RAJWADA, NEAR RAM MANDIR, VILLAGE-JAMBOTI, TQ:KHANAPUR, DIST: BELAGAVI. 4(D). MISS. SONALI D/O. VISHWANATH KURNE AGE: 17 YEARS, OCC: STUDENT, SINCE MINOR REP. BY HER NATURAL MOTHER AND NATURAL GUARDIAN DEFENDANT NO.2A - 3 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters SMT. KAUSHALYA W/O. VISHWANATH KURNE 4(E). MASTER. VINAY S/O. VISHWANATH KURNE AGE: 15 YEARS, OCC: STUDENT, SINCE MINOR REP. BY HER NATURAL MOTHER AND NATURAL GUARDIAN DEFENDANT NO.2A SMT. KAUSHALYA W/O. VISHWANATH KURNE 5. SHRI. U J AJAGAONKAR AGE: MAJOR, OCC: BUILDING CONTRACTOR, R/O:SWAROOP PLAZA, TILAKWADI, BELAGAVI. 6. SMT. POOJA GANESH HARDEKAR R/AT PLOT NO.70 SHANTINAGAR, TILAKWADI, BELAGAVI. 7. SHRI JAGADISH GOPAL SONAR, AGE: MAJOR, OCC: BUSINESS, R/O:BHARMUCHE COMPLEX, PANGUL GALLI, BELAGAVI. 8. SHRI MADHUKAR KALAGOUNDA PATIL AGE: MAJOR, OCC: BUSINESS, R/O: PLOT NO.656, SCHEME 47, SAHYADRI NAGAR, BELAGAVI. 9. SHRI MUKHTAR AHMED KHAN AGE: MAJOR, OCC: BUSINESS, R/O. C/O:S A TARASGAR, PLOT NO.2576, SECTOR NO.12, MAHANTESH NAGAR, BELAGAVI. 10. SHRI YALLAPPA SHIVRAYAPPA KASALI, AGE:MAJOR, OCC:SERVICE, R/O. C/O 56. APO,115, INF BN(TA) MAHAR, FORT, BELAGAVI. 11. SHRI NAGAPPA BALAPPA GOKAVI, AGE:MAJOR, OCC:BUSINESS, R/O:PLOT NO.77, SECTOR NO.12, MAHANTESH NAGAR, BELAGAVI. - 4 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 12. SMT. NALINI RAHUL KULKARNI AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:251/A, SRIHARI APARTMENT, RANADE ROAD, TILAKWADI, BELAGAVI. 13. SMT. YASHODHABAI ERAPPA NAIK, AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:SAKUBAI NIWAS, 4842B/21B, 2ND MAIN, 2ND CROSS, SADASHIVNAGAR, BELAGAVI. 14. SMT REBECCA ALBERT SALVI, AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O NO.217/99,KULKARNI PLOTS, 15. SHRI MAINUDDIN SIRJASAHEB ROHILE, AGE:MAJOR, OCC:BUSINESS, R/O:FLAT NO.S(8), ISHAN AAPRTMENT, NANAWADI, BELAGAVI. 16. SHRI VEERABHDRAPPA MURAGEPPA GADAG, AGE:MAJOR, OCC:BUSINESS, R/O:VIDYANAGAR, HARUGERI TQ:RAIBAG, DIST:BELAGAVI. 17. SMT. MEENAXI KADAGOUDA PATIL AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O:NO.1236, MANJARI TQ:CHIKODI, DIST:BELAGAVI. 18. SHRI RAJKUMAR NANDABASAPPA HANCHINAL, AGE:MAJOR, OCC:SERVICE, C/O:LIC BRANCH OFFICE, NEW BH ROAD, SAGAR, SHIMOGA. 19. SMT. NEENA PRAKASH URANKAR AGE:MAJOR, OCC:HOUSE HOLD WORK, R/O:PLOT NO.B17, OM ANNAPURNA ASHISH GHANASHYAM GUPTE ROAD, DOMBIVILI (WEST), THANE, (MAHARASTRA STATE). 20. SHRI GIRIMALLAPPA ADIVEPPA SHIROL, AGE:MAJOR, OCCUPATION:BUSINESS, R/O:BELAGALI, TQ:MUDHOL, DIST:BAGALKOT. - 5 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 21. SHRI SHAFIAHMED I SHIROL AGE: MAJOR, OCCUPATION:BUSINESS, R/O:NO.117, RAILWAY QUARTERS, NEAR:RAILWAY STATION, BELAGAVI. 22. SMT. SHAKILA DOWOOD BAIG, AGE:MAJOR, OCCUPATION:HOUSEHOLD WORK, R/O:3947/9A, BEHIND REX STORES, KALI AMBARAI, BELAGAVI. 23. SHRI HAV LEKAPPA K.C., AGE:MAJOR, OCCUPATION:BUSINESS, R/O:31 SHREE SHARDA, F.M.CARIAPPA COLONY, MAJ, RAMASWAMY ROAD, NANAWADI, BELAGAVI. 24. SHRI SUNIL ANANT JADHAV AGE:MAJOR OCC:BUSINESS, R/O:1795, KELKAR BAUG, BELAGAVI. 25. SHRI MARUTI NINGAPPA MALAWADI AGE:MAJOR, OCC:SERVICE, R/O:BIRDS KHRISHI VIGYAN KENDRA, TUKANHATTI, TQ:GOKAK, DIST:BELAGAVI. 26. SHRI SUBHASH SHRIKANT SANKESHWARI AGE:MAJOR, OCC:BUSINESS, R/O:MANJARI, TQ:CHIKKODI, DISTRICT:BELAGAVI. 27. LATE NARAYAN K. NETALKAR, SINCE DECEASED BY HIS LR’S. 27(A). SMT. LAXMI W/O. LATE NARAYAN NETALKAR, AGE:MAJOR, OCC:BUSINESS, R/O:PLOT NO.14, SHRI.VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 27(B). SHRI PRASAD S/O. LATE NARAYAN NETALKAR, AGE:MAJOR, OCC:NOT KNOW TO APPELLANT, R/O:PLOT NO.14, AHRIVAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI-590001. 27(C). SHRI BHUSHAN S/O. LATE NARAYAN NETALKAR, AGE:MAJOR, OCC:NOW KNOW TO APPELLANT, R/O: SHRI.VAIBHAV LAXMI BUILDING, - 6 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters VINAYAK NAGAR BELAGAVI-590001. 28. SHRI SHANKAR PATIL AGE MAJOR, OCC:BUSINESS, R/O:119, ROAD, NO.9 DEFENCE LAYOUT, VIDARANYA PURA, BANGALORE. 29. SHRI BHIMARAI BALAPPA JOND, AGE:MAJOR, OCC:BUSINESS, R/O:ANKALAGI, TQ:GOKAK, DIST:BELAGAVI. 30. SHRI ANAND ASHOK RAJGOLKAR AGE:MAJOR, OCCUPATION:BUSINESS, R/O:2578, MALI GALLI, BELAGAVI. 31. SHRI KRISHNA BHAGOJI KAMBLE AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.21, KHANAPUR ROAD CAMP, BELAGAVI. 32. SMT. SUMAN VIJAYEENDRA PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:1416, BASAVAN GALLI, BELAGAVI. 33. SHRI NAGRAJ MOHANRAO RENAKE, AGE: MAJOR, OCC:BUSINESS, R/O ECB 61/B, GOKUL DHAM, GAJANAN NAGAR, 2ND CROSS, BEHIND SHANTI NAGAR, TILAKWADI, BELAGAVI. 34. SMT. ROHINI A KIVANDA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SANKESHWAR, TQ:HUKKERI, DIST:BELAGAVI. 35. SMT.MAMATA GAJANAN PATTED AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:KENDRA, TQ: GOKAK, DIST:BELAGAVI. 36. SMT. VILASINI VILAS AREKAR, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:PLOT NO.34, MES EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, HINDALAGA, BELAGAVI. - 7 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 37. SHRI NANDU B GOJGEKAR AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.8A, MADRAS STREET, CAMP, BELAGAVI. 38. SHRI BALARAM RUKMANNA KAMBLE AGE: MAJOR, OCC: AGRICULTURE, R/O: BIJAGARNI, TQ AND DIST:BELAGAVI. 39. SMT. SOUMASHREE TIRUMAL RAO DESAI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O:HAVERI, DISTRICT:HAVERI. 40. SHRI MAHADEV SHIVARAI NAIK AGE:MAJOR, OCC:BUSINESS, R/O:SHIVAJI NAGAR, BELAGAVI. 41. SHRI MALLIKARJUN GANGADHAR KODLI AGE:MAJOR, OCC:BUSINESS, R/O:LIG-624, KARNATAKA HOUSING BOARD COLONY, R.S.NO.83/1, BENKANHALLI, TQ & DISTRICT:BELAGAVI. 42. SHRI ASHOK BABU HOSAKERI AGE: MAJOR, OCC:BUSINESS, R/O: HIREHATTIHOLI, TQ: KHANAPUR, DIST:BELAGAVI. 43. SMT. RAJASHREE CHANDRAKANT AGASAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SADASHIVANAGAR, BELAGAVI. 44. SHRI SANJEEV RAGHAVENDRA BADAGANDI AGE:MAJOR, OCC:BUSINESS, R/O:BASAVAN GALLI, BELAGAVI. 45. SMT. SWARNALATHA MAHABALESHWARAIAH AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RUMININAGAR, BELAGAVI. 46. SMT. HEMALATA SHARANABASAPPA KUMBAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHAHUNAGAR, BELAGAVI. - 8 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 47. SMT. SAVITA BHARAT NANDAVADEKAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:NAZAR CAMP, BELAGAVI. 48. SMT. BHARTI PARAPPA BANDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RAIBAG, DISTRICT:BELAGAVI. 49. SHRI PRASHANT CHANDRAKANT PAWAR AGE:MAJOR, OCC:BUSINESS, R/O:355, 4TH CROSS, APTEKAR GALLI, MAHADWAR ROAD, BELAGAVI. 50. SMT. SADHANA MANGESH BHADRI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHAHAPUR, BELAGAVI. 51. SHRI SACHINKUMAR CHANDRASHEKHAR GHATKAMBLE, AGE:MAJOR, OCC:BUSINESS, R/O. NEAR-TEACHER’S COLONY, ATHANI, DISTRICT:BELAGAVI. 52. SHRI BHIMAPPA K MATAGAR AGE:MAJOR, OCC:BUSINESS, R/O:MIG-580, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 53. SHRI APPASAHEB TUKARAM MUNJE AGE:MAJOR, OCC:BUSINESS, R/O:TILAKAWADI, BELAGAVI. 54. SHRI SHIVABASAPPA HALYAL AGE:MAJOR, OCC:BUSINESS, R/O:RAMDURG, DISTRICT:BELAGAVI. 55. SHRI SUDHIR BALKRISHNA KUSANE, AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 56. SHRI NAGESH GANGADHAR KHOTI AGE:MAJOR, OCC:BUSINESS, R/O:VIDYANAGAR, HARUGERI, TQ:RAIBAG, DISTRICT:BELAGAVI. - 9 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 57. SHRI BASAVARAJU S/O BASALINGAPPA AGE:MAJOR, OCC:BUSINESS, R/O:KHANAPUR, DISTRICT:BELAGAVI. 58. SHRI SATISH D. S/O DHARMAPPA AGE:MAJOR, OCC:BUSINESS, R/O:KHAB COLONY, NALLAHALLI, SHIVAMOGA. 59. SHRI ANANT RAMESH KUNKERKAR AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.4096/2, KANGRAL GALLI, BELAGAVI. 60. SMT. LAXMIBAI GURUNATH NAIK AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KHANAPUR, DISTRICT:BELAGAVI. 61. SHRI RAMAPPA Y SANADI AGE:MAJOR, OCC:BUSINESS, R/O:SULDHAL, TQ:GOKAK, DIST:BELAGAVI. 62. SHRI BABASAHEB BASAGOUDA PATIL AGE:MAJOR, OCC:BUSINESS, R/O:AMMANAGI, TQ:HUKKERI, DIST:BELAGAVI. 63. SHRI RAJAN KAMALAKAR TIGADI AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 64. SHRI GAJABAR IMAMSAB BAGWAN AGE:MAJOR, OCC:BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 65. SMT. USHA BAHUBALI KITTUR AGE:MAJOR, OCC:BUSINESS, R/O:GOKAK, TQ:GOKAK, DIST:BELAGAVI. 66. SHRI SHANKAR NEELAPPA HOSUR AGE:MAJOR, OCC:BUSINESS, R/O:BAILHONGAL, DIST:BELAGAVI. 67. SMT.NANDA SHANKAR NIMBENNAVAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:H.NO.1519, SECTOR NO.8, ANJANEYA NAGAR, BELAGAVI. - 10 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 68. SHRI VIRUPAXAPPA BASAPPA JAWOOR AGE:MAJOR, OCC:BUSINESS, R/O:TILAKAWADI, BELAGAVI. 69. SHRI ANAND RAMACHANDRA KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 70. SHRI RAJASHEKHAR BASAVARAJ MARIHAL AGE:MAJOR, OCC:BUSINESS, R/O:ANJANEYANAGAR, BELAGAVI. 71. SHRI B. MANOJ ANTONY, AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 72. SHRI RAJASHEKHAR MALLAPPA NAIKAR AGE:MAJOR, OCC:BUSINESS, R/O:DEVALAPUR, TQ:BAILHONGAL, DIST:BELAGAVI. 73. SHRI JAYANAND MAHADEVAPPA MUNAVALLI AGE:MAJOR, OCC:BUSINESS, R/O:GOKAK, DIST:BELAGAVI. 74. SHRI ANAND NAMU PATIL AGE:MAJOR, OCC:BUSINESS, R/O:B.C. NO.24, CAMP, BELAGAVI. 75. SMT. BIBI ASMA USMAN NARAGUND AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ANGOL, BELAGAVI. 76. SMT. RAJALAXMI ADIRAJ MUCHAKANI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHERI GALLI, BELAGAVI. 77. SHRI SATYENDRA RAJANIKANT AVALAKKI, AGE:MAJOR, OCC:BUSINESS, R/O:VIJAYNAGAR, BENGALURU. 78. SHRI GANGADHAR MAHANTESH YALAGI AGE:MAJOR, OCC:BUSINESS, R/O:KALI AMBARAI, BELAGAVI. - 11 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 79. SHRI MALLIKARJUN GANGADHAR KODLI, AGE:MAJOR, OCC:BUSINESS, R/O:KANABARGI, TQ AND DIST:BELAGAVI. 80. SMT. ASHWINI W/O ANUP KONDAKUNDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ANGOL, BELAGAVI. 81. SMT. PURNIMA D/O KEMPARAJ CHAVAN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KALI AMBARAI, BELAGAVI. 82. SHRI SHIVANAND BABURAO KAMATAGI AGE:MAJOR, OCC:BUSINESS, R/O:GHATAPRABHA, TQ:GOKAK, DIST:BELAGAVI. 83. SMT. MANGALGOURI BABASAHEB PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:LIG-438, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 84. SMT. VIDYA W/O ANUPAM OJHA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SAVAGAON, TQ & DIST: BELAGAVI. 85. DR. SHILPA VEERANGOUDA PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BAILHONGAL, DIST:BELAGAVI. 86. SHRI SHRIKANT BASAVANTAPPA KADAKOL AGE:MAJOR, OCC:BUSINESS, R/O:SADASHIVANAGAR, BELAGAVI. 87. SMT. REKHA SHIVSHANKAR CHAUHAN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MIG-II/577, KHB COLONY, S.NO.83/1, BENKANHALLI, BELAGAVI. 88. SHRI SHIVSHANKAR CHAUHAN AGE:MAJOR, OCC:BUSINESS, R/O:MIG II/577, KHB COLONY, S.NO.83/1, BENKANHALLI, BELAGAVI. 89. SHRI SATAPPA GULLU KHOT, AGE:MAJOR - 12 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters OCC:BUSINESS, R/O:BELAGAVI. 90. SHRI VIJAY ANANDKUMAR KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:KANABARGI ROAD, BELAGAVI. 91. SHRI V ASHOK PADIYAR AGE:MAJOR, OCC:BUSINESS, R/O:BASAVESHWARNAGAR, BENGALURU. 92. SHRI AMAR LAGMANNA KOTNIS AGE:MAJOR, OCC:BUSINESS, R/O:HULYAL, TQ:JAMAKHANDI, DIST:BAGALKOT. 93. SHRI SUBHASH GANPATRAO REVANKAR AGE:MAJOR, OCC:BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 94. SMT. TRISHALA KIRANKUMAR HIRAKKI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RAMTIRTHNAGAR, BELAGAVI. 95. SHRI NARENDRA BHIMARAO KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:BELGALURU. 96. SHRI JAGDISH MALLIKARJUN KALASANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:M.M.EXTENSION, BELAGAVI. 97. SMT. NISHA ABHAY KULKARNI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BHAGYANAGAR, BELAGAVI. 98. SMT. NEHA GIRISH INAMDAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:TILKWADI, BELAGAVI. 99. SHRI KUMAR BASAPPA NAIK, AGE:MAJOR, OCC:BUSINESS, R/O:TILKWADI, BELAGAVI. - 13 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 100. SHRI DAYANAND MALLAPPA KAMATAGI AGE:MAJOR, OCC:BUSINESS, R/O:BENKANHALLI, TQ & DIST:BELAGAVI. 101. SHRI UDAY NAGAPPA ITAGI, AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 102. SHRI BASAVARAJ NAGAPPA ITAGI AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR,BELAGAVI. 103. SMT. SHWETA DEEPAK KOTABAGI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:GOKAK, DISTRICT:BELAGAVI. 104. SMT.REHANA W/O RIYAZAHMED ANKALAGI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:VEERBHADRANAGAR, DIST:BELAGAVI. 105. SHRI SANJEEV KHANGANVI AGE:MAJOR, OCC:BUSINESS R/O:MIG-393, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 106. DR. ANJALI W/O SHREERAM SABADE AGE:MAJOR, OCC:BUSINESS, R/O:MIG-393, KHB COLONY, R.S.NO.83/1, BANKANHALLI, BELAGAVI. 107. SHRI FARUQ HUSSAIN KALKUNDRI, AGE:MAJOR, OCC:BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 108. SHRI NANDISH GANGADHAR TOPANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 109. SHRI MAHESH GADAGAYYA VIRAKTHMATH AGE: MAJOR, OCC: BUSINESS, R/O:KOKATNUR, TQ:ATHANI DIST:BELAGAVI. - 14 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 110. SHRI BASAVANT RAMCHANDRA PAWAR AGE:MAJOR, OCC:BUSINESS, R/O:CAMP, BELAGAVI. 111. SMT. SAROJINI SIDDAPPA KALLIMANNI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:JAYANAGAR, BELAGAVI. 112. SHRI SHANTINATH JAYPAL GUNDAPPANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:LIG-416, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 113. SHRI SATISH PUNDALIK ASHTEKAR, AGE:MAJOR, OCC:BUSINESS, R/O:LIG-598, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 114. SMT. NIKITA K.JAIN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 115. SHRI ARJUN ARUN GADVI AGE:MAJOR, OCC:BUSINESS, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 116. SHRI JAGANNATH RAMAKRISHNASA CHATNI AGE:MAJOR, OCC:BUSINESS, R/O:HUBLI. 117. SHRI MALEEKSAB AMMENSAB BAGWAN AGE:MAJOR, OCC:BUSINESS, R/O:BENGALURU. 118. SMT.DAMAYANTI W/O GURUSIDDAPPA LAKHGOUDA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ATHANI, TQ & DIST:BELAGAVI. 119. SMT. VIDYA W/O HOLEBASAPPA HANAGANDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:TILKAWADI,BELAGAVI. - 15 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 120. SMT. BHARATI ASHOK PATIL, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MUDHOL, DISTRICT:BAGALKOT. 121. SHRI CHANDRAKANT DATTUBA CHAVAN AGE:MAJOR, OCC:BUSINESS, R/O:RANI CHANNAMMA NAGAR, BELAGAVI. 122. SHRI SHASHIDHAR MAHANTSHETTI, AGE:MAJOR, OCC:BUSINESS, R/O:SAVAGAON ROAD, BELAGAVI. 123. SHRI RAJU BASAVANEPPA GANACHARI AGE:MAJOR, OCC:BUSINESS, R/O:DESHNUR, DISTRICT:BELAGAVI. 124. SHRI SUHAS DUNDAPPA TORE AGE:MAJOR, OCC:BUSINESS, R/O:ATIWAD, BELAGAVI. 125. SMT. TANUJA JAGANNATH BAJANTRI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:VISHWESHARAYYANAGAR, BELAGAVI. 126. SMT. RENUKA UDAY HALEMANI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BHAGYANAGAR, BELAGAVI. 127. SMT. ARATI SHRINIVS SANGLI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:NANDAWADI, BELAGAVI. 128. SHRI MANJUGOUDA BASAVARAJ PATIL AGE:MAJOR, OCC:BUSINESS, R/O:FULBAG GALLI, BELAGAVI. 129. SMT. RAJASHREE VIJAYKUMAR RANKHAMBE AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:HINDALGA ROAD, BELAGAVI. 130. SHRI VIJAYKUMAR YAMANAPPA RANKHAMBE AGE:MAJOR, OCC:BUSINESS, R/O:HINDALGA ROAD, BELAGAVI. - 16 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 131. SHRI MARUTI NINGAPPA MALAWADI AGE:MAJOR, OCC:BUSINESS, R/O:TUKANATTI, TQ:GOKAK, DIST:BELAGAVI. 132. SHRI SURESH ANGADI EDUCATION FOUNDATION (R) (R) NO.8, SIDDARAMESHWAR COMPLEX, RAMDEV GALLI, BELAGAVI, R/BY ITS CHAIRMAN, SRI. SURESH C ANGADI. 133. SHRI MOHAN GHATIGEPPA KOTHIWALE AGE:MAJOR, OCC:PRIVATE SERVICE, R/O:PLOT NO.124, 5TH CROSS, KUVEMPUNAGAR, BUDA SCHEME NO.40, HANUMANNAGAR, BELAGAVI. 134. SHRI SURESH PANDURANG SHINGI, AGE:MAJOR, OCCUPATION:BUSINESS, R/O:MIG-II/558, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. …RESPONDENTS (BY SMT. V.VIDYA, ADVOCATE FOR R1 AND R2(A TO D); SRI. SHREEVATSA HEGDE, ADVOCATE FOR R7; SRI. CHETAN MUNNOLI AND MS.SURABHI KULKARNI, AVOCATES FOR R34; SRI. VITTHAL S.TELI, ADVOCATE FOR R64 AND R91; SRI. NAGARAJ J.APPANNAVAR, ADVOCATE FOR R109; NOTICE TO R2(A TO D), R3, R4(A AND C), R10, R12, R15, R17, R18, R20, R21, R24, R25, R26, R27 (A TO C) R29, R37, R56, R76, R111 ARE SERVED; VIDE ORDER DATED 01.09.2022 NOTICE TO R5, R6, R8, R9, R11, R13, R14, R16, R19, R22, R23, R30, R32, R33, R35, R36, R38 TO R55, R57 TO R63, R65 TO R75, R77 TO R108, R112 TO R134 ARE DISPENSED WITH; VIDE ORDER DATED 01.09.2022 NOTICE TO R4(B,D,E), R28, R31 AND R110 ARE HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.09.2017 PASSED IN O.S.NO.7/2004 ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR PARTITION, SEPARATE POSSESSION, FOR DECLARATION AND PERMANENT INJUNCTION. - 17 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters IN RFA NO.100150/2025: BETWEEN: SHRI JAGDISH S/O. GOPAL SONAR, AGE: 39 YEARS, OCC: BUSINESS, R/O. NO.2131, PANGUL GALLI, BAMUCHE COMPLEX, BELAGAVI-590001. …APPELLANT (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: 1. SMT. KAMALA W/O. MANIK MUCHANDI, AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O. PLOT NO.50, RAVINAGAR, GOKUL ROAD, HUBBALLI, DIST: DHARWAD-580030. 2. SMT. SHANTABAI W/O. FAKIRA LANGARKANDE (SINCE DECEASED BY HER LRS) 2(A.) SHRI FAKIRA S/O. RAMA LANGARKANDE, AGE: MAJOR, OCC: PRIVATE SERVICE, R/O. KAMAT GALLI, BELAGAVI. 2(B). SHRI NARAYAN S/O. FAKIRA LANGARKANDE, AGE: MAJOR, OCC: PRIVATE SERVICE, R/O. KAMAT GALLI, BELAGAVI. 2(C). SHRI RAJESH S/O. FAKIRA LANGARKANDE, AGE: MAJOR, OCC: PRIVATE SERVICE, R/O. KAMAT GALLI, BELAGAVI. 2(D). MISS. SUNITA D/O. FAKIRA LANGARKANDE, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. KAMAT GALLI, BELAGAVI. 2(E). MISS. JAYA D/O. FAKIRA LANGARKANDE, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. KAMAT GALLI, BELAGAVI. - 18 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 2(F). MASTER. PRAVIN S/O. FAKIRA LANGARKANDE, AGE: MAJOR, OCC: STUDENT, R/O. KAMAT GALLI, BELAGAVI. MINOR REPRESENTED BY HIS NEXT FRIEND-FATHER. 3. SHRI VASANT S/O. MALLAPPA KURNE, AGE: MAJOR, OCC: PRIVATE SERVICE, R/O H. NO.3522/1D, GONDHALI GALLI, BELAGAVI-59000. 4. SHRI VISHWANATH S/O. MALLAPPA KURNE SINCE DECEASED BY HIS LRS 4(A). SMT. KAUSHALYA W/O. VISHWANATH KURNE AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O H. NO.3522/1D, GONDHALI GALLI, BELAGAVI-59000. 4(B). SMT. NEETA W/O. SATERI PATIL AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O H. NO.3522/1D, GONDHALI GALLI, BELAGAVI-59000. 4(C). SMT. POONAM W/O KRISHNA JAMBOTKAR AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. RAJWADA, NEAR RAM MANDIR, VILLAGE-JAMBOTI, TQ:KHANAPUR, DIST: BELAGAVI. 4(D). MISS. SONALI D/O. VISHWANATH KURNE AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O H. NO.3522/1D, GONDHALI GALLI, BELAGAVI-59000. 4(E). MASTER. VINAY S/O. VISHWANATH KURNE AGE: 28 YEARS, OCC: SERVICE, R/O H. NO.3522/1D, GONDHALI GALLI, BELAGAVI-590001. 5. SHRI. U J AJAGAONKAR AGE: MAJOR, OCC: BUILDING CONTRACTOR, R/O:SWAROOP PLAZA, TILAKWADI, BELAGAVI-590006. - 19 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 6. KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BY ITS HOUSING COMMISSIONER, KARNATAKA HOUSING BOARD, REPRESENTED BY ITS EXECUTIVE ENGINEER, KARNATKA HOUSING BOARD, MAHANTESH NAGAR, BELAGAVI. 7. SMT. POOJA GANESH HARDEKAR AGE: MAJOR, OCC: HOUSE HOLD WORK, R/AT PLOT NO.70 SHANTINAGAR, TILAKWADI, BELAGAVI-590006. 8. SHRI. MADHUKAR KALAGOUNDA PATIL, AGE: MAJOR, OCC: BUSINESS, R/O: PLOT NO.656, SCHEME NO.47, SAHYADRI NAGAR, BELAGAVI. 9. SHRI MUKHTAR AHMED KHAN AGE: MAJOR, OCC: BUSINESS, R/O. C/O: S A TARASGAR, PLOT NO.2576, SECTOR NO.47, MAHANTESH NAGAR, BELAGAVI. 10. SHRI YALLAPPA SHIVRAYAPPA KASALI, AGE:MAJOR, OCC:SERVICE, R/O. C/O. 56, APO, 115, INF BN (TA) MAHAR, FORT, BELAGAVI. 11. SHRI NAGAPPA BALAPPA GOKAVI, AGE:MAJOR, OCC:BUSINESS, R/O:PLOT NO.77, SECTOR NO.12, MAHANTESH NAGAR, BELAGAVI. 12. SMT. NALINI RAHJU KULKARNI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O:251/A, SRIHARI APARTMENT, RANADE ROAD, TILAKWADI, BELAGAVI-590006. 13. SMT. YASHODHABAI ERAPPA NAIK, AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:SAKUBAI NIWAS, 4842B/21B, 2ND MAIN, 2ND CROSS, SADASHIV NAGAR, BELAGAVI. - 20 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 14. SMT. REBECCA ALBERT SALVI, AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O NO.217/99, KULKARNI PLOTS, GANESH MARG, HINDWADI, BELAGAVI. 15. SHRI MAINUDDIN SIRJASAHEB ROHILE, AGE:MAJOR, OCC:BUSINESS, R/O:FLAT NO.S(8), ISHAN AAPRTMENT, NANAWADI, BELAGAVI. 16. SHRI VEERABHDRAPPA MURGEPPA GADAG, AGE:MAJOR, OCC:BUSINESS, R/O:VIDYANAGAR, HARUGERI TQ:RAIBAG, DIST:BELAGAVI. 17. SMT. MEENAXI KADAGOUDA PATIL AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O:NO.1236, MANJARI TQ:CHIKODI, DIST:BELAGAVI. 18. SHRI RAJKUMAR NANDABASAPPA HANCHINAL, AGE:MAJOR, OCC:SERVICE, C/O:LIC BRANCH OFFICE, NEW BH ROAD, SAGAR, SHIVAMOGGA. 19. SMT. NEENA PRAKASH URANKAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:PLOT NO.B-17, OM ANNAPURNA ASHISH GHANASHYAM GUPTE ROAD, DOMBIVILI (WEST), THANE, MAHARASTRA. 20. SHRI GIRIMALLAPPA ADIVEPPA SHIROL, AGE:MAJOR, OCCUPATION:BUSINESS, R/O:BELAGALI, TQ:MUDHOL, DIST:BAGALKOT. 21. SHRI SHAFIAHMED I SHIROL AGE: MAJOR, OCCUPATION:BUSINESS, R/O:NO.117, RAILWAY QUARTERS, NEAR RAILWAY STATION, BELAGAVI. 22. SMT. SHAKILA DOWOOD BAIG, AGE:MAJOR, OCCUPATION:HOUSEHOLD WORK, R/O:3947/9A, BEHIND REX STORES, KALI AMBARAI, BELAGAVI. - 21 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 23. SHRI HAV LEKAPPA K.C., AGE:MAJOR, OCCUPATION:BUSINESS, R/O:31 SHREE SHARDA, F.M.CARIAPPA COLONY, MAJ. RAMASWAMY ROAD, NANAWADI, BELAGAVI. 24. SHRI SUNIL ANANT JADHAV AGE: MAJOR OCC:BUSINESS, R/O:1795, KELKAR BAUG, BELAGAVI. 25. SHRI MARUTI NINGAPPA MALAWADI AGE: MAJOR, OCC:SERVICE, R/O:BIRDS KRISHI VIGYAN KENDRA, TUKANHATTI, TQ:GOKAK, DIST:BELAGAVI. 26. SHRI SUBHASH SHRIKANT SANKESHWARI AGE:MAJOR, OCC:BUSINESS, R/O:MANJARI, TQ:CHIKKODI, DISTRICT:BELAGAVI. 27. SHRI NARAYAN K NETALKAR AGE:MAJOR, OCC:BUSINESS, R/O:PLOT NO.14, SHRI.VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 28. SHRI SHANKAR PATIL AGE MAJOR, OCC:BUSINESS, R/O:119, ROAD, NO.9 DEFENCE LAYOUT, VIDARANYA PURA, BENGALURU. 29. SHRI BHIMRAI BALAPPA JOND, AGE:MAJOR, OCC:BUSINESS, R/O:ANKALAGI, TQ:GOKAK, DIST:BELAGAVI. 30. SHRI ANAND ASHOK RAJGOLKAR AGE:MAJOR, OCCUPATION:BUSINESS, R/O:2578, MALI GALLI, BELAGAVI. 31. SHRI KRISHNA BHAGOJI KAMBLE AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.21, KHANAPUR ROAD CAMP, BELAGAVI. 32. SMT. SUMAN VIJAYEENDRA PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:1416, BASAVAN GALLI, BELAGAVI. - 22 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 33. SHRI NAGRAJ MOHANRAO BENAKE, AGE: MAJOR, OCC:BUSINESS, R/O ECB 61/B, GOKUL DHAM, GAJANAN NAGAR, 2ND CROSS, BEHIND SHANTI NAGAR, TILAKWADI, BELAGAVI. 34. SMT. ROHINI A KIVANDA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SANKESHWAR, TQ:HUKKERI, DIST:BELAGAVI. 35. SMT.MAMATA GAJANAN PATTED AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:KENDRA, TQ: GOKAK, DIST:BELAGAVI. 36. SMT. VILASINI VILAS AREKAR, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:PLOT NO.34, MES EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, HINDALAGA, BELAGAVI. 37. SHRI NANDU B GOJGEKAR AGE: MAJOR, OCC:BUSINESS, R/O:H.NO.8A, MADRAS STREET, CAMP, BELAGAVI. 38. SHRI BALARAM RUKMANNA KAMBLE AGE: MAJOR, OCC: AGRICULTURE, R/O: BIJAGARNI, TQ AND DIST:BELAGAVI. 39. SMT. SOUMASHREE TIRUMAL RAO DESAI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O:HAVERI, DISTRICT:HAVERI. 40. SHRI MAHADEV SHIVARAJ NAIK AGE:MAJOR, OCC:BUSINESS, R/O:SHIVAJI NAGAR, BELAGAVI. 41. SHRI MALLIKARJUN GANGADHAR KODLI AGE:MAJOR, OCC:BUSINESS, R/O:LIG-624, KARNATAKA HOUSING BOARD COLONY, R.S.NO.83/1, BENKANHALLI, TQ & DISTRICT:BELAGAVI. 42. SHRI ASHOK BABU HOSAKERI AGE: MAJOR, OCC: BUSINESS, - 23 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O: HIREHATTIHOLI, TQ: KHANAPUR DIST:BELAGAVI. 43. SMT. RAJASHREE CHANDRAKANT AGASAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SADASHIV NAGAR, BELAGAVI. 44. SHRI SANJEEV RAGHAVENDRA BADAGANDI AGE:MAJOR, OCC:BUSINESS, R/O:BASAVAN GALLI, BELAGAVI. 45. SMT. SWARNALATHA MAHABALESHWARAIAH AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RUMININAGAR, BELAGAVI. 46. SMT. HEMALATA SHARANBASAPPA KUMBAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHAHU NAGAR, BELAGAVI. 47. SMT. SAVITA BHARAT NANDAVADEKAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:NAZAR CAMP, BELAGAVI. 48. SMT. BHARTI PARAPPA BANDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RAIBAG, DISTRICT:BELAGAVI. 49. SHRI PRASHANT CHANDRAKANT PAWAR AGE:MAJOR, OCC:BUSINESS, R/O:355, 4TH CROSS, APTEKAR GALLI, MAHADWAR ROAD, BELAGAVI. 50. SMT. SADHANA MANGESH BHADRI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHAHAPUR, BELAGAVI. 51. SHRI SACHINKUMAR CHANDRASHEKHAR GHATKAMBLE, AGE:MAJOR, OCC:BUSINESS, R/O. NEAR-TEACHER’S COLONY, ATHANI, DISTRICT:BELAGAVI. 52. SHRI BHIMAPPA K MATAGAR AGE:MAJOR, OCC:BUSINESS, - 24 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O:MIG-580, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 53. SHRI APPASAHEB TUKARAM MUNJE AGE:MAJOR, OCC:BUSINESS, R/O:TILAKAWADI, BELAGAVI. 54. SHRI SHIVABASAPPA HALYAL AGE:MAJOR, OCC:BUSINESS, R/O:RAMDURG, DISTRICT:BELAGAVI. 55. SHRI SUDHIR BALKRISHNA KUSANE, AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 56. SHRI NAGEH GANGADHAR KHOTI AGE: MAJOR, OCC: BUSINESS, R/O:VIDYANAGAR, HARUGERI, TQ: RAIBAG, DISTRICT: BELAGAVI. 57. SHRI BASAVARAJU S/O BASALINGAPPA AGE:MAJOR, OCC:BUSINESS, R/O:KHANAPUR, DISTRICT:BELAGAVI. 58. SHRI SATISH D.S/O DHARMAPPA AGE:MAJOR, OCC: SERVICE, R/O:KHAB COLONY, NALLAHALLI, SHIVAMOGGA. 59. SHRI ANANT RAMESH KUNKERKAR AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.4096/2, KANGRAL GALLI, BELAGAVI. 60. SMT. LAXMIBAI GURUNATH NAIK AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KHANAPUR, DISTRICT:BELAGAVI. 61. SHRI RAMAPPA Y SANADI AGE:MAJOR, OCC:BUSINESS, R/O:SULDHAL, TQ:GOKAK, DIST:BELAGAVI. 62. SHRI BABASAHEB BASAGOUDA PATIL AGE:MAJOR, OCC:BUSINESS, R/O:AMMANAGI, TQ:HUKKERI, DIST:BELAGAVI. - 25 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 63. SHRI RAJAN KAMALAKAR TIGADI AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 64. SHRI GAJABAR IMAMSAB BAGWAN AGE:MAJOR, OCC:BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 65. SMT. USHA BAHUBALI KITTUR AGE:MAJOR, OCC:BUSINESS, R/O:GOKAK, DIST:BELAGAVI. 66. SHRI SHANKAR NEELAPPA HOSUR AGE:MAJOR, OCC:BUSINESS, R/O:BAILHONGAL, DIST:BELAGAVI. 67. SMT. NANDA SHANKAR NIMBENNAVAR AGE:MAJOR, OCC:HOUSEHOLD R/O:H.NO.1519, SECTOR NO.8, ANJANEYA NAGAR, BELAGAVI. 68. SHRI VIRUPAXAPPA BASAPPA JAWOOR AGE:MAJOR, OCC:BUSINESS, R/O:TILAKAWADI, BELAGAVI. 69. SHRI ANAND RAMACHANDRA KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:SHAHPUR, BELAGAVI. 70. SHRI RAJASHEKHAR BASAVARAJ MARIHAL AGE:MAJOR, OCC:BUSINESS, R/O:ANJANEYA NAGAR, BELAGAVI. 71. SHRI B. MANOJ ANTONY, AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 72. SHRI RAJASHEKHAR MALLAPPA NAIKAR AGE:MAJOR, OCC:BUSINESS, R/O:DEVALAPUR, TQ:BAILHONGAL, DIST:BELAGAVI. 73. SHRI JAYANAND MAHADEVAPPA MUNAVALLI AGE:MAJOR, OCC:BUSINESS, R/O:GOKAK, DIST:BELAGAVI. - 26 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 74. SHRI ANAND NAMU PATIL AGE:MAJOR, OCC:BUSINESS, R/O: B.C.NO.24, CAMP, BELAGAVI. 75. SMT. BIBI ASMA USMAN NARAGOUD AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ANGOL, BELAGAVI. 76. SMT. RAJALAXMI ADIRAJ MUCHAKANI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHERI GALLI, BELAGAVI. 77. SHRI SATYENDRA RAJANIKANT AVALAKKI, AGE:MAJOR, OCC:BUSINESS, R/O:VIJAYNAGAR, BELAGAVI. 78. SHRI GANGADHAR MAHANTESH YALAGI AGE:MAJOR, OCC:BUSINESS, R/O:KALI AMBARARI, BELAGAVI. 79. SHRI MALLIKARJUN GANGADHAR KODLI, AGE:MAJOR, OCC:BUSINESS, R/O:KANABURGI, TQ AND DIST:BELAGAVI. 80. SMT. ASHWINI W/O ANUP KONDAKUNDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ANGOL, BELAGAVI. 81. SMT. PURNIMA D/O. KEMPARAJ CHAVAN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KALI AMBARAI, BELAGAVI. 82. SHRI SHIVANAND BABURAO KAMATAGI AGE:MAJOR, OCC:BUSINESS, R/O:GHATAPRABHA, TQ:GOKAK, DIST:BELAGAVI. 83. SMT. MANGALGOURI BABASAHEB PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:LIG-438, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 84. SMT. VIDYA W/O ANUPAM OJHA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SAVAGAON, TQ AND DIST: BELAGAVI. - 27 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 85. DR. SHILPA VEERANGOUDA PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BAILHONGAL, DIST:BELAGAVI. 86. SHRI SHRIKANT BASAVANTAPPA KADAKOL AGE:MAJOR, OCC:BUSINESS, R/O:SADASHIV NAGAR, BELAGAVI. 87. SMT. REKHA SHIVSHANKAR CHAUHAN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MIG-II/577, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 88. SHRI SHIVSHANKAR CHAUHAN AGE:MAJOR, OCC:BUSINESS, R/O:MIG II/577, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 89. SHRI SATAPPA GULLU KHOT, AGE:MAJOR, OCC:BUSINESS, R/O:BELAGAVI. 90. SHRI VIJAY ANANDKUMAR KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:KANABARGI ROAD, BELAGAVI. 91. SHRI V ASHOK PADIYAR AGE:MAJOR, OCC:BUSINESS, R/O:BASAVESHWAR NAGAR, BENGALURU. 92. SHRI AMAR LAGMANNA KOTNIS AGE:MAJOR, OCC:BUSINESS, R/O:HULYAL, TQ:JAMAKHANDI, DIST:BAGALKOT. 93. SHRI SUBHASH GANPATRAO REVANKAR AGE:MAJOR, OCC:BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 94. SMT. TRISHALA KIRANKUMAR HIRAKKI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RAMTIRTH NAGAR, BELAGAVI. 95. SHRI NARENDRA BHIMARAO KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O: BENGALURU. - 28 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 96. SHRI JAGDISH MALLIKARJUN KALASANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:M.M.EXTENSION, BELAGAVI. 97. SMT. NISHA ABHAY KULKARNI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BHAGYA NAGAR, BELAGAVI. 98. SMT. NEHA GIRISH INAMDAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:TILAKWADI, BELAGAVI. 99. SHRI KUMAR BASAPPA NAIK, AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 100. SHRI DAYANAND MALLAPPA KAMATAGI AGE:MAJOR, OCC:BUSINESS, R/O:BENKANHALLI, TQ & DIST:BELAGAVI. 101. SHRI UDAY NAGAPPA ITAGI, AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 102. SHRI BASAVARAJ NAGAPPA ITAGI AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 103. SMT. SHWETA DEEPAK KOTABAGI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:GOKAK, DISTRICT: BELAGAVI. 104. SMT.REHANA W/O RIYAZAHMED ANKALAGI AGE: MAJOR, OCC: BUSINESS, R/O: VEERBHADRANAGAR, BELAGAVI. 105. SHRI SANJEEV KHANGANVI AGE:MAJOR, OCC:BUSINESS R/O:MIG-II/577, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 106. SHRI. SANJEEV KHANGANVI, AGE: MAJOR, OCC: BUSINESS, R/O:MIG-398, KHB COLONY, R.S.NO.83/1, BANKANHALLI, BELAGAVI. - 29 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 107. SHRI FARUQ HUSSAIN KALKUNDRI, AGE:MAJOR, OCC:BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 108. SHRI NANDISH GANGADHAR TOPANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 109. SHRI MAHESH GADAGAYYA VIRAKTHMATH AGE: MAJOR, OCC: BUSINESS, R/O:KOKATNUR, TQ:ATHANI, DIST:BELAGAVI. 110. SHRI BASAVANT RAMCHANDRA PAWAR AGE:MAJOR, OCC:BUSINESS, R/O:CAMP, BELAGAVI. 111. SMT. SAROJINI SIDDAPPA KALLIMANNI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:JAYNAGAR, BELAGAVI. 112. SHRI SHANTINATH JAYPAL GUNDAPPANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:LIG-416, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 113. SHRI SATISH PUNDALIK ASHTEKAR, AGE:MAJOR, OCC:BUSINESS, R/O:LIG-598, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 114. SMT. NIKITA K.JAIN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 115. SHRI ARJUN ARUN GADVI AGE:MAJOR, OCC:BUSINESS, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 116. SHRI JAGANNATH RAMAKRISHNASA CHATNI AGE:MAJOR, OCC:BUSINESS, R/O:HUBLI. - 30 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 117. SHRI MALEEKSAB AMMENSAB BAGWAN AGE:MAJOR, OCC:BUSINESS, R/O:BENGALURU. 118. SMT. DAMAYANTI W/O GURUSIDDAPPA LAKHGOUDA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ATHANI, TQ & DIST:BELAGAVI. 119. SMT. VIDYA W/O HOLEBASAPPA HANAGANDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O: ATHANI, TQ & DIST: BELAGAVI. 120. SMT. BHARATI ASHOK PATIL, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MUDHOL, DISTRICT:BAGALKOT. 121. SHRI CHANDRAKANT DATTUBA CHAVAN AGE:MAJOR, OCC:BUSINESS, R/O:RANI CHANNAMMA NAGAR, BELAGAVI. 122. SHRI SHASHIDHAR MAHANTSHETTI, AGE:MAJOR, OCC:BUSINESS, R/O:SAVAGAON ROAD, BELAGAVI. 123. SHRI RAJU BASAVANEPPA GANACHARI AGE:MAJOR, OCC:BUSINESS, R/O:DESHNUR, DISTRICT:BELAGAVI. 124. SHRI SUHAS DUNDAPPA TORE AGE:MAJOR, OCC:BUSINESS, R/O:ATIWAD, BELAGAVI. 125. SMT. TANUJA JAGANNATH BAJANTRI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:VISHWESHARAYYANAGAR, BELAGAVI. 126. SMT. RENUKA UDAY HALEMANI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BHAGYA NAGAR, BELAGAVI. 127. SMT. ARATI SHRINIVS SANGLI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:NANDAWADI, BELAGAVI. - 31 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 128. SHRI MANJUGOUDA BASAVARAJ PATIL AGE:MAJOR, OCC:BUSINESS, R/O:FULBAG GALLI, BELAGAVI. 129. SMT. RAJASHREE VIJAYKUMAR RANKHAMBE AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:HINDALGA ROAD, BELAGAVI. 130. SHRI VIJAYKUMAR YAMANAPPA RANKHAMBE AGE:MAJOR, OCC: HOUSEHOLD WORK, R/O:HINDALGA ROAD, BELAGAVI. 131. SHRI MARUTI NINGAPPA MALAWADI AGE:MAJOR, OCC: HOUSEHOLD WORK, R/O:TUKANATTI, TQ:GOKAK, DIST:BELAGAVI. 132. SHRI SURESH ANGADI EDUCATION FOUNDATION (R) (R) NO.8, SIDDARAMESHWAR COMPLEX, RAMDEV GALLI, BELAGAVI, R/BY ITS CHAIRMAN, SRI. SURESH C ANGADI. 133. SHRI MOHAN GHATIGEPPA KOTHIWALE AGE:MAJOR, OCC:PRIVATE SERVICE, R/O:PLOT NO.124, 5TH CROSS, KUVEMPU NAGAR, BUDA SCHEME NO.40, HANUMAN NAGAR, BELAGAVI. 134. SHRI SURESH PANDURANG SHINGI, AGE:MAJOR, OCCUPATION:BUSINESS, R/O:MIG-II/558, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. …RESPONDENTS (BY SMT. V. VIDYA, ADVOCATE FOR R1 & R2(B, D, E & F); SHRI ASHOK R. KALYANSHETTY, ADVOCATE FOR R6, SHRI S.B. SHAIKH, SHRI R.A. PRABHU AND SHRI A.S. SHAIKH, ADVOCATES, FOR R64; SHRI B.G. BISANAKOPPA, ADVOCATE FOR R69) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC PRAYING TO SETTING ASIDE THE JUDGMENT AND DECREE DATED 09.01.2017 PASSED BY THE TRIAL COURT REJECTING THE CLAIM OF THE RESPONDENT/PLAINTIFFS IN RESPECT OF LAND R.SY. NO.83/1 SITUATED AT BENKAHALLI VILLAGE MENTIONED AT SERIAL NO.(I) IN THE DESCRIPTION OF THE SUIT PROPERTIES MENTIONED AT PARA I OF THE PLAINT IN - 32 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters THE SUIT O.S.NO.7/2004 FILED BY THE RESPONDENT/PLAINTIFFS WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. IN RFA NO.100151/2025: BETWEEN: 1. SHRI NARAYAN KRISHNA NETHLAKAR SINCE DECEASED R/BY HIS LRS 1.(A) SMT. LAXMI WD/O NARAYAN NETHALKAR AGE: 60 YEARS, OCC: HHW, PLOT NO.14, SHRI VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 1.(B) SHRI PRASAD S/O NARAYAN NETHALKAR AGE: 35 YEARS, OCC: BUSINESS, PLOT NO.14, SHRI VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 1.(C) SHRI. BHOSHAN S/O NARAYANA NETHALKAR AGE: 33 YEARS, OCC: PVT. WORK, PLOT NO.14, SHRI VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. …APPELLANTS (BY SRI. SUBHAS R.KAWALI, ADVOCATE) AND: 1. SMT. KAMALA W/O. MANIK MUCHANDI, AGE: 48 YEARS, OCC: HOUSE HOLD WORK, R/O. PLOT NO.50, RAVINAGAR, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. 2. SMT. SHANTABAI W/O. FAKIRA LANGARKANDE SINCE DECEASED R/BY HER LRS 2.(A) SHRI FAKIRA S/O RAMA LANGARKANDE, AGE: 55 YEARS, OCC: PRIVATE SERVICE, R/O: KAMAT GALLI, BELAGAVI. - 33 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 2.(B) SHRI NARAYAN S/O FAKIRA LANGARKANDE AGE. 35 YEARS, OCC: PRIVATE SERVICE, R/O: KAMAT GALLI, BELAGAVI. 2.(C) SHRI RAJESH S/O FAKIRA LANGARKANDE AGE. 33 YEARS, OCC: PRIVATE SERVICE, R/O: KAMAT GALLI, BELAGAVI. 2.(D) MISS. SUNITHA D/O FAKIRA LANGARKANDE, AGE: 28 YEARS, OCC: HOUSE HOLD WORK, R/O: KAMAT GALLI, BELAGAVI. 2.(E) MISS. JAYA D/O FAKIRA LANGARKANDE, AGE: 25 YEARS, OCC: HOUSE HOLD WORK, R/O: KAMAT GALLI, BELAGAVI. 2.(F) SHRI PRAVEEN S/O FAKIRA LANGARKANDE, AGE: 20 YEARS, OCC: STUDENT, R/O: KAMAT GALLI, BELAGAVI. 3. SHRI VASANT S/O. MALLAPPA KURNE, AGE: 65 YEARS, OCC: PVT SERVICE, R/O CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. 4. SHRI VISHWANATH S/O. MALLAPPA KURNE SINCE DECEASED BY HIS LRS 4.(A) SMT. KOUSALYA W/O. VISHWANATH KURNE AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. 4.(B) SMT. NEETA W/O. SATERI PATIL AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. 4.(C) SMT. POONAM W/O KRISHNA JAMBOTKAR AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. RAJWADA, NEAR RAM MANDIR VILLAGE, JAMBOTI, TQ:KHANAPUR, DIST: BELAGAVI. 4.(D) MISS. SONALI D/O. VISHWANATH KURNE AGE: 30 YEARS, OCC: STUDENT, R/O. CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. - 34 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 4.(E) SHRI. VINAY S/O. VISHWANATH KURNE AGE: 28 YEARS, OCC: STUDENT, R/O. CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. 5. SHRI. U J AJAGAONKAR AGE: 50 YEARS, OCC: BUILDING CONTRACTOR, R/O:SWAROOP PLAZA, TILAKWADI, BELAGAVI. 6. KARNATAKA HOUSING BOARD CAUVERY BHAVAN BY ITS HOUSING COMMISSIONER KARNATAKA HOUSING BOARD R/BY EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, MAHANTESH NAGAR, BELAGAVI. 7. SMT. POOJA GANESH HARDEKAR AGE: 35 YEARS, OCC: HOUSE HOLD WORK, R/AT PLOT NO.70 SHANTINAGAR, TILAKWADI, BELAGAVI. 8. SHRI JAGADISH GOPAL SONAR, AGE: 45 YEARS, OCC: BUSINESS, R/O:BHARMUCHE COMPLEX, PANGUL GALLI, BELAGAVI. 9. SHRI MADHUKAR KALAGOUNDA PATIL AGE: 65 YEARS, OCC: BUSINESS, R/O: PLOT NO.656, SCHEME 47, SAHYADRI NAGAR, BELAGAVI. 10. SHRI MUKHTAR AHMED KHAN AGE: 55 YEARS, OCC: BUSINESS, C/O:S A TARASGAR, PLOT NO.2576, SECTOR NO.12, MAHANTESH NAGAR, BELAGAVI. 11. SHRI YALLAPPA SHIVRAYAPPA KASALLI, AGE: 56 YEARS, OCC: SERVICE, C/O 56. APO.115.INF BN(TA) MAHAR, FORT, BELAGAVI. 12. SHRI NAGAPPA BALAPPA GOKAVI, AGE: 60 YEARS, OCC: BUSINESS, R/O:PLOT NO.77, SECTOR NO.12, MAHANTESH NAGAR, BELAGAVI. - 35 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 13. SMT. NALINI RAHUL KULKARNI AGE: 45 YEARS, OCC: HOUSE HOLD WORK, R/O:261/A, SRIHARI APARTMENT, RANADE ROAD, TILAKWADI, BELAGAVI. 14. SMT. YASHODHABAI ERAPPA NAIK, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O:SAKUBAI NIWAS, 4842 B /21 B, 2ND MAIN, 2ND CROSS, SADASHIVNAGAR, BELAGAVI. 15. SMT REBECCA ALBERT SALVI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O NO.217/99, KULKARNI PLOTS, GANESH MARG, HINDWADI, BELAGAVI. 16. SHRI MAINUDDIN SIRJASAHEB ROHILE, AGE: 44 YEARS, OCC: BUSINESS, R/O:FLAT NO.S(8), ISHAN AAPRTMENT, NANAWADI, BELAGAVI. 17. SHRI VEERABHDRAPPA MURAGEPPA GADAG, AGE: 47 YEARS, OCC: BUSINESS, R/O:VIDYANAGAR, HARUGERI, TQ:RAIBAG, DIST:BELAGAVI. 18. SMT. MEENAXI KADAGOUDA PATIL AGE: 50 YEARS, OCC: HHW, R/O:NO.1236, MANJARI, TQ:CHIKODI, DIST:BELAGAVI. 19. SHRI RAJKUMAR NANDABASAPPA HANCHINAL, AGE: 56 YEARS, OCC: SERVICE, C/O:LIC BRANCH OFFICE, NEW BH ROAD, SAGAR, SHIMOGA. 20. SMT. NEENA PRAKASH URANKAR AGE: 40 YEARS, OCC: HHW, R/O:PLOT NO.B-17, OM ANNAPURNA ASHISH GHANASHYAM GUPTA ROAD, DOMBIVILLI (WEST), THANE (MAHARASTRA STATE). 21. SHRI GIRIMALLAPPA ADIVEPPA SHIROL, AGE: 49 YEARS, OCC: BUSINESS, R/O:BELAGALI, TQ:MUDHOL, DIST:BAGALKOT. - 36 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 22. SHRI SHAFIAHMED I SHIROL AGE: 54 YEARS, OCC: BUSINESS, R/O:NO.117, RAILWAY QUARTERS, NEAR:RAILWAY STATION, BELAGAVI. 23. SMT. SHAKILA DAWOD BAIG, AGE: 58 YEARS, OCC: HHW, R/O:3947/9A, BEHIND REX STORES, KALI AMBARAI, BELAGAVI. 24. SHRI HAV LEKAPPA K.C., AGE: 43 YEARS, OCC: BUSINESS, R/O:31 SHREE SHARDA, F.M.CARIAPPA COLONY, MAJ, RAMASWAMY ROAD, NANAWADI, BELAGAVI. 25. SHRI SUNIL ANANT JADHAV AGE: 43 YEARS, OCC: BUSINESS, R/O:1795, KELKAR BAUG, BELAGAVI. 26. SHRI MARUTI NINGAPPA MALAWADI AGE: 44 YEARS, OCC: SERVICE, R/O:BIRDS SHRISHI VIGYAN KENDRA, TUKANHATTI, TQ:GOKAK, DIST:BELAGAVI. 27. SHRI SUBHASH SHRIKANT SANKESHWARI AGE: 66 YEARS, OCC: BUSINESS, R/O:MANJARI, TQ:CHIKKODI, DIST:BELAGAVI. 28. SHRI SHANKAR PATIL AGE: 57 YEARS, OCC: SERVICE, R/O:119, ROAD, NO.9 DEFENCE LAYOUT, VIDARANYA PURA, BANGALORE. 29. SHRI BHIMARAI BALAPPA JOND, AGE: 54 YEARS, OCC: BUSINESS, R/O:ANKALAGI, TQ:GOKAK, DIST:BELAGAVI. 30. SHRI ANAND ASHOK RAJGOLKAR AGE: 49 YEARS, OCC: BUSINESS, R/O:3578, MALI GALLI, BELAGAVI. 31. SHRI KRISHNA BHAGOJI KAMBLE AGE: 64 YEARS, OCC: BUSINESS, R/O:H.NO.21, KHANAPUR ROAD CAMP, BELAGAVI. - 37 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 32. SMT. SUMAN VIJAYEENDRA PATIL AGE:44 YEARS, OCC: HHW, R/O:1416, BASAVAN GALLI, BELAGAVI. 33. SHRI NAGRAJ MOHANRAO RENAKE, AGE: 34 YEARS, OCC: BUSINESS, R/O ECB 61/B, GOKUL DHAM, GAJANAN NAGAR, 2ND CROSS, BEHIND SHANTI NAGAR, TILAKWADI, BELAGAVI. 34. SMT. ROHINI A KIVANDA AGE: 44 YEARS, OCC: HHW, R/O:SANKESHWAR, TQ:HUKKERI, DIST:BELAGAVI. 35. SMT.MAMATA GAJANAN PATTED AGE: 55 YEARS, OCC: HHW, R/O:KENDRA, TQGOKAK, DIST:BELAGAVI. 36. SMT. VILASINI VILAS AREKAR, AGE: 54 YEARS, OCC: HHW, R/O:PLOT NO.34, MES EMPLOYEES CO-OP HOUSING SOCIETY, HINDALAGA, BELAGAVI. 37. SHRI NANDU B GOJGEKAR AGE: 56 YEARS, OCC: BUSINESS, R/O:H.NO.8A, MADRAS STREET, CAMP, BELAGAVI. 38. SHRI BALARAM RUKMANNA KAMBLE AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BIJAGARNI, DIST:BELAGAVI. 39. SMT. SOUMASHREE TIRUMAL RAO DESAI AGE: 45 YEARS, OCC: HHW, R/O:HAVERI, DIST:HAVERI. 40. SHRI MAHADEV SHIVARAJ NAIK AGE: 54 YEARS, OCC: BUSINESS, R/O:SHIVAJI NAGAR, BELAGAVI. 41. SHRI MALLIKARJUN GANGADHAR KODLI AGE: 52 YEARS, OCC: BUSINESS, R/O:LIG-624, KARNATAKA HOUSING BOARD COLONY, R.S.NO.83/1, BENKANHALLI, TQ & DIST:BELAGAVI. - 38 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 42. SHRI ASHOK BABU HOSAKERI AGE: 41 YEARS, OCC: BUSINESS, R/O: HIREHATTIHOLI, TQ: KHANAPUR, DIST:BELAGAVI. 43. SMT. RAJASHREE CHANDRAKANT AGASAR AGE: 41 YEARS, OCC: HHW, R/O:SADASHIVANAGAR, BELAGAVI. 44. SHRI SANJEEV RAGHAVENDRA BADAGANDI AGE: 46 YEARS, OCC: BUSINESS, R/O:BASAVAN GALLI, BELAGAVI. 45. SMT. SWARNALATHA MAHABALESHWARAIAH AGE: 40 YEARS, OCC: HHW, R/O:RUMININAGAR, BELAGAVI. 46. SMT. HEMALATA SHARANABASAPPA KUMBAR AGE: 43 YEARS, OCC: HHW, R/O:SHAHUNAGAR, BELAGAVI. 47. SMT. SAVITA BHARAT NANDAVADEKAR AGE: 41 YEARS, OCC: HHW, R/O:NAZAR CAMP, BELAGAVI. 48. SMT. BHARTI PARAPPA BANDI AGE: 50 YEARS, OCC: HHW, R/O:RAIBAG, DIST:BELAGAVI. 49. SHRI PRASHANT CHANDRAKANT PAWAR AGE: 43 YEARS, OCC: BUSINESS, R/O:355, 4TH CROSS, APTEKAR GALLI, MAHADWAR ROAD, BELAGAVI. 50. SMT. SADHANA MANGESH BHADRI AGE: 40 YEARS, OCC: HHW, R/O:SHAHAPUR, BELAGAVI. 51. SHRI SACHINKUMAR CHANDRASHEKHAR GHATKAMBLE, AGE: 47 YEARS, OCC: BUSINESS, R/ONEAR-TEACHER’S COLONY, ATHANI, DIST:BELAGAVI. 52. SHRI BHIMAPPA K MATAGAR AGE: 48 YEARS, OCC: BUSINESS, R/O:MIG-580, KHB COLONY, R.S.NO.83/1, - 39 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters BENKANHALLI BELAGAVI. 53. SHRI APPASAHEB TUKARAM MUNJE AGE: 49 YEARS, OCC: BUSINESS, R/O:TILAKAWADI, BELAGAVI. 54. SHRI SURESH SHIVABASAPPA HALYAL AGE: 54 YEARS, OCC: BUSINESS, R/O:RAMDURG, DIST:BELAGAVI. 55. SHRI SUDHIR BALKRISHNA KUSANE, AGE: 42 YEARS, OCC: BUSINESS, R/O:SHAHAPUR, BELAGAVI. 56. SHRI NAGESH GANGADHAR KHOTI AGE: 39 YEARS, OCC: BUSINESS, R/O:VIDYANAGAR, HARUGERI, TQ:RAIBAG, DIST: BELAGAVI. 57. SHRI BASAVARAJ S/O BASALINGAPPA AGE: 38 YEARS, OCC: BUSINESS, R/O:KHANAPUR, DIST: BELAGAVI. 58. SHRI SATISH S/O DHARMAPPA AGE: 60 YEARS, OCC: BUSINESS, R/O:KHAB COLONY, NALLAHALLI, SHIVAMOGA. 59. SHRI ANANT KAMESH KUNKERAKR AGE: 45 YEARS, OCC: BUSINESS, R/O:H.NO.4096/2, KANGRAL GALLI, BELAGAVI. 60. SMT. LAXMIBAI GURUNATH NAIK AGE: 46 YEARS, OCC: HHW, R/O:KHANAPUR, DIST:BELAGAVI. 61. SHRI RAMAPPA Y SANADI AGE: 43 YEARS, OCC: BUSINESS, R/O:SULDHAL, TQ: GOKAK, DIST: BELAGAVI. 62. SHRI BABASAHEB BASAGOUDA PATIL AGE: 62 YEARS, OCC: BUSINESS, R/O:AMMANAGI, TQ:HUKKERI, DIST:BELAGAVI. - 40 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 63. SHRI RAJAN KAMALAKAR TIGADI AGE: 53 YEARS, OCC: BUSINESS, R/O:TILAKWADI, BELAGAVI. 64. SHRI GAJABAR IMAMSAB BAGWAN AGE: 45 YEARS, OCC: BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 65. SMT. USHA BAHUBALI KITTUR AGE:44 YEARS, OCC:BUSINESS, R/O:GOKAK, DIST:BELAGAVI. 66. SHRI SHANKAR NEELAPPA HOSUR AGE: 51 YEARS, OCC: BUSINESS, R/O:BAILHONGAL, DIST:BELAGAVI. 67. SMT.NANDA SHANKAR MIMBENNAVAR AGE:41 YEARS, OCC: HHW, R/O:H.NO.1519, SECTOR NO.8, ANJANEYA NAGAR, BELAGAVI. 68. SHRI VIRUPAXAPPA BASAPPA JAWOOR AGE:52 YEARS, OCC: BUSINESS, R/O:TILAKAWADI, BELAGAVI. 69. SHRI ANAND RAMACHANDRA KULKARNI AGE:56 YEARS, OCC: BUSINESS, R/O:SHAHAPUR, BELAGAVI. 70. RAJASHEKHAR BASAVARAJ MARIHAL AGE:54 YEARS, OCC: BUSINESS, R/O:ANJANEYANAGAR, BELAGAVI. 71. SHRI B. MANOJ ANTONY, AGE:35 YEARS, OCC: BUSINESS, R/O:TILAKWADI, BELAGAVI. 72. SHRI RAJASHEKHAR MALLAPPA NAIKAR AGE:49 YEARS, OCC: BUSINESS, R/O:DEVALAPUR, TQ:BAILHONGAL, DIST:BELAGAVI. 73. SHRI JAYANAND MAHADEVAPPA MUNAVALLI AGE:53 YEARS, OCC: BUSINESS, R/O:GOKAK, DIST:BELAGAVI. - 41 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 74. SHRI ANAND NAMU PATIL AGE:61 YEARS, OCC: BUSINESS, R/O:B.C. NO. 24, CAMP, BELAGAVI. 75. SMT. BIBI ASMA USMAN NARAGOUD AGE:51 YEARS, OCC: HHW, R/O:ANGOL, BELAGAVI. 76. SMT. RAJALAXMI ADIRAJ MUCHAKANI AGE:38 YEARS, OCC: HHW, R/O:SHERI GALLI, BELAGAVI. 77. SHRI SATYENDRA RAJANIKANT AVALAKKI, AGE:40 YEARS, OCC: BUSINESS, R/O:VIJAYANAGARI, BENGALURU. 78. SHRI GANGADHAR MAHANTESH YALAGI AGE:47 YEARS, OCC: BUSINESS, R/O:KALI AMBARARI, BELAGAVI. 79. SHRI MALLIKARJUN GANGADHAR KODLI, AGE: 51 YEARS, OCC: BUSINESS, R/O:KANABURGI, TQ AND DIST:BELAGAVI. 80. SMT. ASHWINI W/O ANUP KONDAKUNDI AGE: 43 YEARS, OCC: HHW, R/O:ANGOL, BELAGAVI. 81. SMT. PURNIMA D/O KEMPARAJ CHAVAN AGE: 29 YEARS, OCC: HHW, R/O:KALI AMBARAI, BELAGAVI. 82. SHRI SHIVANAND BABURAO KAMATAGI AGE: 53 YEARS, OCC: BUSINESS, R/O:GHATAPRABHA, TQ:GOKAK, DIST:BELAGAVI. 83. SMT. MANGALGOURI BABASAHEB PATIL AGE: 49 YEARS, OCC: HHW, R/O:LIG-438, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 84. SMT. VIDYA W/O ANUPAM OJHA AGE: 43 YEARS, OCC: HHW, R/O:SAVAGAON, TQ and DIST: BELAGAVI. - 42 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 85. DR. SHILPA VEERANAGOUDA PATIL AGE: 56 YEARS, OCC: HHW, R/O:BAILHONGAL, DIST:BELAGAVI. 86. SHRI SHRIKANT BASAVANTAPPA KADAKOL AGE: 51 YEARS, OCC: BUSINESS, R/O:SADASHIVANAGAR, BELAGAVI. 87. SMT. REKHA SHIVSHANKAR CHAUHAN AGE: 40 YEARS, OCC: HHW, R/O:MIG-II/577, KHB COLONY, RS.NO.83/1, BENKANHALLI, BELAGAVI. 88. SHRI SHIVSHANKAR CHAUHAN AGE: 50 YEARS, OCC: BUSINESS, R/O:MIG II/577, KHB COLONY, RS.NO.83/1, BENKANHALLI, BELAGAVI. 89. SHRI SATAPPA GULLU KHOT, AGE: 52 YEARS, OCC: BUSINESS, R/O:BELAGAVI. 90. SHRI VIJAY ANANDKUMAR KULKARNI AGE: 56 YEARS, OCC: BUSINESS, R/O:KANABARGI ROAD, BELAGAVI. 91. SHRI V ASHOK PADIYAR AGE: 52 YEARS, OCC: BUSINESS, R/O:BASAVESHWARNAGAR, BENGALURU. 92. SHRI AMAR LAGMANNA KOTNIS AGE: 54 YEARS, OCC: BUSINESS, R/O:HULYAL, TQ:JAMAKHANDI, DIST:BAGALKOT. 93. SHRI SUBHASH GANPATRAO REVANKAR AGE: 53 YEARS, OCC: BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 94. SMT. TRISHALA KIRANKUMAR HIRAKKI AGE: 44 YEARS, OCC: HHW, R/O:RAMTIRTHNAGAR, BELAGAVI. 95. SHRI NARENDRA BHIMARAO KULKARNI AGE: 52 YEARS, OCC: BUSINESS, R/O:BELGALURU. - 43 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 96. SHRI JAGDISH MALLIKARJUN KALASANNAVAR AGE: 50 YEARS, OCC: BUSINESS, R/O:M.M.EXTENSION, BELAGAVI. 97. SMT. NISHA ABHAY KULKARNI AGE: 37 YEARS, OCC: HHW, R/O:BHAGYANAGAR, BELAGAVI. 98. SMT. NEHA GIRISH INAMDAR AGE: 51 YEARS, OCC: HHW, R/O:TILKWADI, BELAGAVI. 99. SHRI KUMAR BASAPPA NAIK, AGE: 36 YEARS, OCC: BUSINESS, R/O:TILKWADI, BELAGAVI. 100. SHRI DAYANAND MALLAPPA KAMATAGI AGE: 41 YEARS, OCC: BUSINESS, R/O:BENKANHALLI, TQ and DIST:BELAGAVI. 101. SHRI UDAY NAGAPPA ITAGI, AGE: 61 YEARS, OCC: BUSINESS, R/O:SHAHAPUR, BELAGAVI. 102. SHRI BASAVARAJ NAGAPPA ITAGI AGE: 56 YEARS, OCC: BUSINESS, R/O:SHAHAPUR,BELAGAVI. 103. SMT. SHWETA DEEPAK KOTABAGI AGE: 37 YEARS, OCC: HHW, R/O:GOKAK, DIST:BELAGAVI. 104. SMT.REHANA W/O RIYAZAHMED ANKALAGI AGE: 44 YEARS, OCC: HHW, R/O:VEERBHADRANAGAR, DIST:BELAGAVI. 105. SHRI SANJEEV KHANGANVI AGE: 50 YEARS, OCC: BUSINESS R/O:MIG-393, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 106. DR. ANJALI W/O SHREERAM SABADE AGE: 46 YEARS, OCC: BUSINESS, R/O:MIG-393, KHB COLONY, R.S.NO.83/1, BANKANHALLI, BELAGAVI. - 44 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 107. SHRI FARUQ HUSSAIN KALKUNDRI, AGE: 51 YEARS, OCC: BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 108. SHRI NANDISH GANGADHAR TOPANNAVAR AGE: 44 YEARS, OCC: BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 109. SHRI MAHESH GADAGAYYA VIRAKTHMATH, AGE: 62 YEARS, OCC: BUSINESS, R/O:KOKATNUR, TQ:ATHANI, DIST:BELAGAVI. 110. SHRI BASAVANT RAMCHANDRA PAWAR AGE: 46 YEARS, OCC: BUSINESS, R/O:CAMP, BELAGAVI. 111. SMT. SAROJINI SIDDAPPA KALLIMANNI AGE: 43 YEARS, OCC: HHW, R/O:JAYANAGAR, BELAGAVI. 112. SHRI SHANTINATH JAYPAL GUNDAPPANNAVAR AGE: 49 YEARS, OCC: BUSINESS, R/O:LIG-416, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 113. SHRI SATISH PUNDALIK ASHTEKAR, AGE: 52 YEARS, OCC: BUSINESS, R/O:LIG-598, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 114. SMT. NIKITA K.JAIN AGE: 48 YEARS, OCC: HHW, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 115. SHRI ARJUN ARUN GADVI AGE: 51 YEARS, OCC: BUSINESS, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 116. SHRI JAGANNATH RAMAKRISHNASS CHATNI AGE: 57 YEARS, OCC: BUSINESS, R/O:HUBLI. - 45 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 117. SHRI MALEEKSAB AMMENSAB BAGWAN AGE: 51 YEARS, OCC: BUSINESS, R/O:BENGALURU. 118. SMT.DAMAYANTI W/O GURUSIDDAPPA LAKHGOUDA AGE: 54 YEARS, OCC: HHW, R/O:ATHANI, TQ & DIST:BELAGAVI. 119. SMT. VIDYA W/O HOLEBASAPPA HANAGANDI AGE: 46 YEARS, OCC: HHW, R/O:TILKAWADI, BELAGAVI. 120. SMT. BHARATI ASHOK PATIL, AGE: 43 YEARS, OCC: HHW, R/O:MUDHOL, DIST:BAGALKOT. 121. SHRI CHANDRAKANT DATTUBA CHAVAN AGE: 42 YEARS, OCC: BUSINESS, R/O:RANI CHANNAMMANAGAR, BELAGAVI. 122. SHRI SHASHIDHAR MAHANTSHETTI, AGE: 45 YEARS, OCC: BUSINESS, R/O:SAVAGAON ROAD, BELAGAVI. 123. SHRI RAJU BASAVANEPPA GANACHARI AGE: 36 YEARS, OCC: BUSINESS, R/O:DESHNUR, TQ AND DIST:BELAGAVI. 124. SHRI SUHAS DUNDAPPA TORE AGE: 43 YEARS, OCC: BUSINESS, R/O:ATIWAD, BELAGAVI. 125. SMT. TANUJA JAGANNATH BAJANTRI AGE: 46 YEARS, OCC: HHW, R/O:VISHWESHARAYYANAGAR, BELAGAVI. 126. SMT. RENUKA UDAY HALEMANI AGE: 43 YEARS, OCC: HHW, R/O:BHAGYANAGAR, BELAGAVI. 127. SMT. ARATI SHRINIVAS SANGLI AGE: 40YEARS, OCC: HHW, R/O:NANDAWADI, BELAGAVI. - 46 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 128. SHRI MANJUGOUDA BASAVARAJ PATIL AGE: 49 YEARS, OCC: BUSINESS, R/O:FULBAG GALLI, BELAGAVI. 129. SMT. RAJASHREE VIJAYKUMAR RANKHAMBE AGE: 37 YEARS, OCC: HHW, R/O:HINDALGA ROAD, BELAGAVI. 130. SHRI VIJAYKUMAR YAMANAPPA RANKHAMBE AGE: 48 YEARS, OCC: BUSINESS, R/O:HINDALGA ROAD, BELAGAVI. 131. SHRI MARUTI NINGAPPA MALAWADI AGE: 48 YEARS, OCC: BUSINESS, R/O:TUKANATTI, TQ:GOKAK, DIST:BELAGAVI. 132. SHRI SURESH ANGADI EDUCATION FOUNDATION (R) NO.8, SIDDARAMESHWAR COMPLEX, RAMDEV GALLI, BELAGAVI, R/BY. ITS CHAIRMAN, SRI. SURESH C ANGADI. 133. SHRI MOHAN GHATIGEPPA KOTHIWALE AGE: 49 YEARS, OCC:PRIVATE SERVICE, R/O:PLOT NO.124, 5TH CROSS, KUVEMPUNAGAR, BUDA SCHEME NO.40, HANUMANNAGAR, BELAGAVI. 134. SHRI SURESH PANDURANG SHINGI, AGE: 50 YEARS, OCC: BUSINESS, R/O:MIG-II/558, KHB COLONY, S.NO.83/1, BENKANHALLI, BELAGAVI. …RESPONDENTS (BY SMT. V.VIDYA, ADVOCATE FOR R1 AND R2 (B,D,E & F); SRI. ASHOK R.KALYANSHETTY, ADVOCATE FOR R6; SRI. S.B.SHAIKH, SRI. R.A.PRABHU AND SRI. A.S.SHAIKH, ADVOCATES FOR R64; SRI. B.G.BISANAKOPPA, ADVOCATE FOR R69) THIS RFA IS FILED UNDER SECTION 96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 08.09.2017 PASSED BY THE HON'BLE II ADDL SENIOR CIVIL JUDGE AND C.J.M., BELAGAVI IN O.S.7/2004 GRANTING THE RELIEF OF PARTITION AND SHARE AS WELL AS GRANTING THE RELIEF OF DECLARATION AS MENTIONED THEREIN PERTAINING TO SUIT SCHEDULE LAND - 47 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters BEARING R.S.NO.83/1 MEASURING 22A-20G OF BENAKANAHALLI VILLAGE, BELAGAVI, TO PLAINTIFF NO.1/RESPONDENT NO.1 HEREIN AND DISMISS THE SAID SUIT EVEN IN RESPECT OF HER CLAIM IN SO FAR IT PERTAINS TO THE ABOVE SAID LAND IN THE INTEREST OF JUSTICE AND EQUITY. IN RFA 100152/2025: BETWEEN: 1. SMT. KAMAL W/O. MANIK MUCHANDI, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.50, RAVINAGAR, GOKUL ROAD, HUBLI, DIST: DHARWAD. 2. SMT. SHANTABAI W/O. FAKIRA LANGARKANDE SINCE DECEASED R/BY HER LR’s. 2(A). SHRI. FAKIRA S/O. RAMA LANGARKANDE, SINCE DECEASED BY HIS LR’s. APPELLANTS NO.2B, 2D, 2E AND 2F. 2(B). SHRI. NARAYAN S/O. FAKIRA LANGARKANDE AGE: 55 YEARS, OCC: RICKSHAW DRIVER, R/O: 476, LAXMI GALLI, OLD GANDHINAGAR, BELAGAVI. 2.(C) SHRI. RAJESH S/O. FAKIRA LANGARKANDE SINCE DECEASED BY HIS LR’s. APPELLANTS NO.2B, 2D, 2E AND 2F. 2(D). MISS. SUNITA D/O. FAKIRA LANGARKANDE, AFTER MARRIAGE KNOWN AS: MRS. SUNITA W/O. ASHOK KADAM, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.2422, KAMAT GALLI, BELAGAVI. 2(E). MISS. JAYA D/O. FAKIRA LANGARKANDE, AFTER MARRIAGE KNOWN AS: MRS. JAYA W/O. RAJU GUPTA, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.2521, MALI GALLI, BELAGAVI. 2(F). SHRI. PRAVIN S/O. FAKIRA LANGARKANDE, AGE: 39 YEARS, OCC: PRIVATE SERVICE, R/O: 476, LAXMI GALLI - 48 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters OLD GANDHINAGAR, BELAGAVI. …APPELLANT (BY SRI. K.RAGHAVENDRA RAO AND SMT. V.VIDYA, ADVOCATES FOR A1, A2(B,D,E,F)) AND: 1. SHRI. VASANT S/O. MALLAPPA KURNE, SINCE DECEASED BY HIS LR’s. 1(A). SMT. LAXMI W/O. VASANT KURNE AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 1(B). SMT. SWATI W/O. RAJENDRA GHORPADE AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. H. NO.5-2K, VILLAGE NAGNUR, TALUKA GADHINGLAJ, DISTRICT: KOLHAPUR, MAHARASHTRA STATE-416553. 1(C). SHRI. VIKRANT VASANT KURNE AGE: 38 YEARS, OCC: AGRI. AND BUSINESS, R/O. CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 1(D). SHRI. VIVEK VASANT KURNE AGE: 36 YEARS, OCC: AGRI. AND BUSINESS, R/O. CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 1(E). SMT. SANDHYA W/O. SANJAY BALEKUNDRI AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.55/16, BASAVANNANAGAR, VILLAGE KADOLI, TALUKA AND DISTRICT: BELAGAVI. 2. SHRI. VISHWANATH S/O. MALLAPPA KURNE SINCE DECEASED BY HIS LR’s. 2(A). SMT. KAUSALYA W/O. VISHWANATH KURNE AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O. CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. - 49 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 2(B). SMT. NEETA W/O. SATERI PATIL AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 2(C). SMT. POONAM W/O. KRISHNA JAMBOTKAR AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O. RAJWADA, NEAR RAM MANDIR, VILLAGE: JAMBOTI, TQ: KHANAPUR, GONDHALI GALLI, BELAGAVI. 2(D). MISS. SONALI D/O. VISHWANATH KURNE AGE: 23 YEARS, OCC: STUDENT, R/O. CTS NO.3522/1D, GONDHALI GALLI, BELAGAVI. 2(E). SHRI. VINAY S/O. VISHWANATH KURNE AGE: 21 YEARS, OCC: STUDENT, R/O. CTS NO.3522/1D, GANDHOLI GALLI, BELAGAVI. 3. SHRI. U.J.AJAGAONKAR AGE: MAJOR, OCC: BUILDING CONTRACTOR, R/O: SWAROOP PLAZA, TILAKWADI, BELAGAVI-590001. 4. KARNATAKA HOUSING BOARD CAUVERY BHAVAN, BY ITS HOUSING COMMISSIONER, KARNATAKA HOUSING BOARD, REPRESENTED BY THE EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, MAHANTESHNAGAR, BELAGAVI. 5. SMT. POOJA GANESH HARDEKAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/AT. PLOT NO.70, SHANTI NAGAR, TILAKWADI, BELAGAVI. 6. SHRI. JAGDISH GOPAL SONAR, AGE: MAJOR, OCC: BUSINESS, R/O: BHARMUCHE COMPLEX, PANGUL GALLI, BELAGAVI. - 50 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 7. SHRI. MADHUKAR KALAGOUNDA PATIL AGE: MAJOR, OCC: BUSINESS, R/O: PLOT NO.656, SCHEME NO.47, SAHYADRI NAGAR, BELAGAVI. 8. SHRI. MUKHTAR AHMEDKHAN AGE: MAJOR, OCC: BUSINESS, C/O:S.A.TARASGAR, PLOT NO.2576, SECTOR NO.12, MAHANTESH NAGAR, BELAGAVI. 9. SHRI. YALLAPPA SHIVRAYAPPA KASALLI, AGE:MAJOR, OCC:SERVICE, R/O. C/O 56. APO, 115, INF BN(TA) MAHAR, FORT, BELAGAVI-590001. 10. SHRI. NAGAPPA BALAPPA GOKAVI, AGE:MAJOR, OCC:BUSINESS, R/O: PLOT NO.77, SECTOR NO.12, MAHANTESHNAGAR, BELAGAVI. 11. SMT. NALINI RAHUL KULKARNI AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:251/A, SRIHARI APARTMENT, RANADE ROAD, TILAKWADI, BELAGAVI. 12. SMT. YASHODHABAI ERAPPA NAIK, AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:SAKUBAI NIWAS, 4842B/21B, SECOND MAIN, 2ND CROSS, SADASHIVNAGAR, BELAGAVI. 13. SMT. REBECCA ALBERT SALVI, AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O. NO.217/99, KULKARNI PLOTS, GANESH MARG, HINDWADI, BELAGAVI. 14. SHRI. MAINUDDIN SIRJASAHEB ROHILE, AGE:MAJOR, OCC:BUSINESS, R/O: FLAT NO.S(8), ISHAN APARTMENT, NANAWADI, BELAGAVI. 15. SHRI VEERABHDRAPPA MURAGEPPA GADAG, AGE:MAJOR, OCC:BUSINESS, - 51 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O:VIDYANAGAR, HARUGERI, TQ:RAIBAG, DIST:BELAGAVI. 16. SMT. MEENAXI KADAGOUDA PATIL AGE: MAJOR, OCC: HOUSE HOLD WORK, R/O:NO.1235, MANJARI, TQ:CHIKODI, DIST:BELAGAVI. 17. SHRI RAJKUMAR NANDABASAPPA HANCHINAL, AGE:MAJOR, OCC:SERVICE, C/O:LIC BRANCH OFFICE, SAGAR, AT SAGAR, DIST:SHIMOGA. 18. SMT. NEENA PRAKASH URANKAR AGE:MAJOR, OCC:HOUSE HOLD WORK, R/O:PLOT NO.B-17, OM ANNAPURNA ASHISH GHANASHYAM GUPTA ROAD, DOMBIVILLI (WEST), THANE (MAHARASTRA STATE). 19. SHRI. GIRIMALLAPPA ADIVEPPA SHIROL, AGE:MAJOR, OCCUPATION:BUSINESS, R/O:BELAGALI, TQ:MUDHOL, DIST:BAGALKOT. 20. SHRI. SHAFIAHMED I SHIROL AGE: MAJOR, OCCUPATION:BUSINESS, R/O:NO.117, RAILWAY QUARTERS, NEAR:RAILWAY STATION, BELAGAVI. 21. SMT. SHAKILA DOWOD BAIG, AGE:MAJOR, OCCUPATION:HOUSEHOLD WORK, R/O:3947/9A, BEHIND REX STORES, KALI AMBARAI, BELAGAVI. 22. SHRI. HAV LEKAPPA K.C., AGE:MAJOR, OCCUPATION:BUSINESS, R/O:31, SHREE SHARDA, F.M.CARIAPPA COLONY, MAJ, RAMASWAMY ROAD, NANAWADI, BELAGAVI. 23. SHRI. SUNIL ANANT JADHAV AGE:MAJOR OCC:BUSINESS, R/O:1795, KELKAR BAUG, BELAGAVI. 24. SHRI. MARUTI NINGAPPA MALAWADI AGE:MAJOR, OCC:SERVICE, R/O:BIRDS KHRISHI VIGYAN KENDRA, - 52 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters TUKANHATTI, TQ:GOKAK, DIST:BELAGAVI. 25. SHRI. SUBHASH SHRIKANT SANKESHWARI AGE:MAJOR, OCC:BUSINESS, R/O:MANJARI, TQ:CHIKODI, DISTRICT:BELAGAVI. 26. SHRI NARAYAN K. NETALKAR SINCE DECEASED BY HIS LR’s. 26(A). SMT. LAXMI WD/O. NARAYAN NETHALKAR AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.14, SHRI VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 26(B). SHRI. PRASAD NARAYAN NETHALKAR AGE: 35 YEARS, OCC: BUSINESS, R/O. PLOT NO.14, SHRI VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 26(C). SHRI. BHOSHAN NARAYAN NETHALKAR AGE: 33 YEARS, OCC: PRIVATE WORK, R/O. PLOT NO.14, SHRI VAIBHAV LAXMI BUILDING, VINAYAK NAGAR, BELAGAVI. 27. SHRI. SHANKAR PATIL AGE: MAJOR, OCC:BUSINESS, R/O:119, ROAD, NO.9, DEFENCE LAYOUT, VIDARANYA PURA, BANGALORE. 28. SHRI. BHIMARAI BALAPPA JOND, AGE:MAJOR, OCC:BUSINESS, R/O:ANKALAGI, TQ:GOKAK, DIST:BELAGAVI. 29. SHRI ANAND ASHOK RAJGOLKAR AGE:MAJOR, OCCUPATION:BUSINESS, R/O:2578, MALI GALLI, BELAGAVI. 30. SHRI. KRISHNA BHAGOJI KAMBLE AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.21, KHANAPUR ROAD CAMP, BELAGAVI. - 53 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 31. SHRI. SUMAN VIJAYEENDRA PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:1416, BASAVAN GALLI, BELAGAVI. 32. SHRI NAGRAJ MOHANRAO RENAKE, AGE: MAJOR, OCC:BUSINESS, R/O. ECB 61/B, GOKUL DHAM, GAJANAN NAGAR, 2ND CROSS, BEHIND SHANTI NAGAR, TILAKWADI, BELAGAVI. 33. SMT. ROHINI A KIVANDA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SANKESHWAR, TQ:HUKKERI, DIST:BELAGAVI. 34. SMT. MAMATA GAJANAN PATTED AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:KENDRA, TQ: GOKAK, DIST: BELAGAVI. 35. SMT. VILASINI VILAS AREKAR, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:PLOT NO.34, MES EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, HINDALAGA, BELAGAVI. 36. SHRI. NANDU B. GOJGEKAR AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.8A, MADRAS STREET, CAMP, BELAGAVI. 37. SHRI. BALARAM RUKMANNA KAMBLE AGE: MAJOR, OCC: AGRICULTURE, R/O: BIJAGARNI, TQ AND DIST:BELAGAVI. 38. SMT. SOUMASHREE TIRUMAL RAO DESAI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O:HAVERI, DISTRICT:HAVERI. 39. SHRI. MAHADEV SHIVARAI NAIK AGE:MAJOR, OCC:BUSINESS, R/O:SHIVAJI NAGAR, BELAGAVI. 40. SHRI. MALLIKARJUN GANGADHAR KODLI AGE:MAJOR, OCC:BUSINESS, R/O:LIG-624, KARNATAKA HOUSING - 54 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters BOARD COLONY, R.S.NO.83/1, BENKANHALLI, TQ AND DISTRICT:BELAGAVI. 41. SHRI. ASHOK BABU HOSAKERI AGE: MAJOR, OCC:BUSINESS, R/O: HIREHATTIHOLI, TQ: KHANAPUR, DIST:BELAGAVI. 42. SMT. RAJASHREE CHANDRAKANT AGASAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SADASHIVANAGAR, BELAGAVI. 43. SHRI. SANJEEV RAGHAVENDRA BADAGANDI AGE:MAJOR, OCC:BUSINESS, R/O:BASAVAN GALLI, BELAGAVI. 44. SMT. SWARNALATHA MAHABALESHWARAIAH AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RUMININAGAR, BELAGAVI. 45. SMT. HEMALATA SHARANABASAPPA KUMBAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHAHUNAGAR, BELAGAVI. 46. SMT. SAVITA BHARAT NANDAVADEKAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:NAZAR CAMP, BELAGAVI. 47. SMT. BHARTI PARAPPA BANDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:RAIBAG, DISTRICT:BELAGAVI. 48. SHRI. PRASHANT CHANDRAKANT PAWAR AGE:MAJOR, OCC:BUSINESS, R/O:355, 4TH CROSS, APTEKAR GALLI, MAHADWAR ROAD, BELAGAVI. 49. SMT. SADHANA MANGESH BHADRI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHAHAPUR, BELAGAVI. 50. SHRI. SACHINKUMAR CHANDRASHEKHAR GHATKAMBLE, AGE:MAJOR, OCC:BUSINESS, - 55 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O. NEAR-TEACHER’S COLONY, ATHANI, DISTRICT:BELAGAVI. 51. SHRI. BHIMAPPA K. MATAGAR AGE:MAJOR, OCC:BUSINESS, R/O:MIG-580, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 52. SHRI. APPASAHEB TUKARAM MUNJE AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 53. SHRI. SHIVABASAPPA HALYAL AGE:MAJOR, OCC:BUSINESS, R/O:RAMDURG, DISTRICT:BELAGAVI. 54. SHRI. SUDHIR BALKRISHNA KUSANE, AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 55. SHRI NAGESH GANGADHAR KHOTI AGE:MAJOR, OCC:BUSINESS, R/O:VIDYANAGAR, HARUGERI, TQ:RAIBAG, DISTRICT:BELAGAVI. 56. SHRI. BASAVRAJU S/O. BASALINGAPPA AGE:MAJOR, OCC:BUSINESS, R/O:KHANAPUR, DISTRICT:BELAGAVI. 57. SHRI. SATISH D. S/O. DHARMAPPA AGE:MAJOR, OCC:BUSINESS, R/O:KHB COLONY, NALLAHALLI, SHIVAMOGA. 58. SHRI. ANANT RAMESH KUNKERKAR AGE:MAJOR, OCC:BUSINESS, R/O:H.NO.4096/2, KANGRAL GALLI, BELAGAVI. 59. SMT. LAXMIBAI GURUNATH NAIK AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KHANAPUR, DISTRICT:BELAGAVI. 60. SHRI. RAMAPPA Y. SANADI AGE:MAJOR, OCC:BUSINESS, R/O:SULDHAL, TQ:GOKAK, DIST:BELAGAVI. - 56 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 61. SHRI. BABASAHEB BASAGOUDA PATIL AGE:MAJOR, OCC:BUSINESS, R/O:AMMANAGI, TQ:HUKKERI, DIST:BELAGAVI. 62. SHRI. RAJAN KAMALAKAR TIGADI AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 63. SHRI. GAJABAR IMAMSAB BAGWAN AGE:MAJOR, OCC:BUSINESS, R/O:MAHANTESHNAGAR, BELAGAVI. 64. SMT. USHA BAHUBALI KITTUR AGE:MAJOR, OCC:BUSINESS, R/O:GOKAK, TQ:GOKAK, DIST:BELAGAVI. 65. SHRI. SHANKAR NEELAPPA HOSUR AGE:MAJOR, OCC:BUSINESS, R/O:BAILHONGAL, DIST:BELAGAVI. 66. SMT. NANDA SHANKAR NIMBENNAVAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:H.NO.1519, SECTOR NO.8, ANJANEYA NAGAR, BELAGAVI. 67. SHRI. VIRUPAXAPPA BASAPPA JAWOOR AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 68. SHRI. ANAND RAMACHANDRA KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 69. SHRI. RAJASHEKHAR BASAVARAJ MARIHAL AGE:MAJOR, OCC:BUSINESS, R/O: ANJANEYANAGAR, BELAGAVI. 70. SHRI. B. MANOJ ANTONY, AGE:MAJOR, OCC:BUSINESS, R/O:TILAKWADI, BELAGAVI. 71. SHRI. RAJASHEKHAR MALLAPPA NAIKAR AGE:MAJOR, OCC:BUSINESS, R/O:DEVALAPUR, TQ:BAILHONGAL, DIST:BELAGAVI. - 57 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 72. SHRI. JAYANAND MAHADEVAPPA MUNAVALLI AGE:MAJOR, OCC:BUSINESS, R/O:GOKAK, DIST:BELAGAVI. 73. SHRI. ANAND NAMU PATIL AGE:MAJOR, OCC:BUSINESS, R/O:B.C.NO.24, CAMP, DIST:BELAGAVI. 74. SMT. BIBI ASMA USMAN NARAUND AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ANGOL, BELAGAVI. 75. SMT. RAJALAXMI ADIRAJ MUCHAKANI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SHERI GALLI, BELAGAVI. 76. SHRI. SATYENDRA RAJANIKANT AVALAKKI, AGE:MAJOR, OCC:BUSINESS, R/O:VIJAYANAGAR, BENGLURU. 77. SHRI. GANGADHAR MAHANTESH YALAGI AGE:MAJOR, OCC:BUSINESS, R/O:KALI AMBARAI, BELAGAVI. 78. SHRI. MALLIKARJUN GANGADHAR KODLI, AGE:MAJOR, OCC:BUSINESS, R/O:KANABURGI, TQ AND DIST:BELAGAVI. 79. SMT. ASHWINI W/O. ANUP KONDAKUNDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ANGOL, BELAGAVI. 80. SMT. PURNIMA D/O. KEMPARAJ CHAVAN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KALI AMBARAI, BELAGAVI. 81. SHRI SHIVANAND BABURAO KAMATAGI AGE:MAJOR, OCC:BUSINESS, R/O:GHATAPRABHA, TQ:GOKAK, DIST:BELAGAVI. 82. SMT. MANGALGOURI BABASAHEB PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:LIG-438, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. - 58 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 83. SMT. VIDYA W/O. ANUPAM OJHA AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:SAVAGAON, TQ AND DIST: BELAGAVI. 84. DR. SHILPA VEERANAGOUDA PATIL AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BAILHONGAL, DIST:BELAGAVI. 85. SHRI. SHRIKANT BASAVANTAPPA KADAKOL AGE:MAJOR, OCC:BUSINESS, R/O:SADASHIVANAGAR, BELAGAVI. 86. SMT. REKHA SHIVSHANKAR CHAUHAN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MIG-II/577, KHB COLONY, S.NO.83/1, BENKANHALLI, BELAGAVI. 87. SHRI. SHIVSHANKAR CHAUHAN AGE:MAJOR, OCC:BUSINESS, R/O:MIG II/577, KHB COLONY, S.NO.83/1, BENKANHALLI, BELAGAVI. 88. SHRI. SATAPPA GULLU KHOT, AGE:MAJOR, OCC:BUSINESS, R/O:BELAGAVI. 89. SHRI. VIJAY ANANDKUMAR KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:KANABARGI ROAD, BELAGAVI. 90. SHRI. V. ASHOK PADIYAR AGE:MAJOR, OCC:BUSINESS, R/O:BASAVESHWARNAGAR, BENGALURU. 91. SHRI. AMAR LAGMANNA KOTNIS AGE:MAJOR, OCC:BUSINESS, R/O:HULYAL, TQ:JAMAKHANDI, DIST:BAGALKOT. 92. SHRI. SUBHASH GANPATRAO REVANKAR AGE:MAJOR, OCC:BUSINESS, R/O:MAHANTESH NAGAR, BELAGAVI. 93. SMT. TRISHALA KIRANKUMAR HIRAKKI AGE:MAJOR, OCC:HOUSEHOLD WORK, - 59 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O:RAMTIRTHNAGAR BELAGAVI. 94. SHRI. NARENDRA BHIMRAO KULKARNI AGE:MAJOR, OCC:BUSINESS, R/O:BELGALURU. 95. SHRI. JAGDISH MALLIKARJUN KALASANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:M.M.EXTENSION, BELAGAVI. 96. SMT. NISHA ABHAY KULKARNI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:BHAGYANAGAR, BELAGAVI. 97. SMT. NEHA GIRISH INAMDAR AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:TILAKWADI, BELAGAVI. 98. SHRI. KUMAR BASAPPA NAIK, AGE:MAJOR, OCC: BUSINESS, R/O:TILKWADI, BELAGAVI. 99. SHRI. DAYANAND MALLAPPA KAMATAGI AGE:MAJOR, OCC:BUSINESS, R/O:BENKANHALLI, TQ AND DIST:BELAGAVI. 100. SHRI. UDAY NAGAPPA ITAGI, AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR, BELAGAVI. 101. SHRI. BASAVARAJ NAGAPPA ITAGI AGE:MAJOR, OCC:BUSINESS, R/O:SHAHAPUR,BELAGAVI. 102. SMT. SHWETA DEEPAK KOTABAGI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:GOKAK, DISTRICT:BELAGAVI. 103. SMT. REHANA W/O. RIYAZAHMED ANKALAGI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:VEERBHADRANAGAR, DIST:BELAGAVI. 104. SHRI SANJEEV KHANGANVI AGE:MAJOR, OCC:BUSINESS - 60 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters R/O:MIG-393, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 105. DR. ANJALI W/O. SHREERAM SABADE AGE:MAJOR, OCC:BUSINESS, R/O:MIG-393, KHB COLONY, R.S.NO.83/1, BANKANHALLI, BELAGAVI. 106. SHRI. FARUQ HUSSAIN KALKUNDRI, AGE:MAJOR, OCC:BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 107. SHRI. NANDISH GANGADHAR TOPANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:LIG-618, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 108. SHRI. MAHESH GADAGAYYA VIRAKTHMATH AGE: MAJOR, OCC: BISINESS, R/O:KOKATNUR, TQ:ATHANI, DIST:BELAGAVI. 109. SHRI. BASAVANT RAMCHANDRA PAWAR AGE:MAJOR, OCC:BUSINESS, R/O:CAMP, BELAGAVI. 110. SMT. SAROJINI SIDDAPPA KALLIMANNI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:JAYANAGAR, BELAGAVI. 111. SHRI. SHANTINATH JAYPAL GUNDAPPANNAVAR AGE:MAJOR, OCC:BUSINESS, R/O:LIG-416, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 112. SHRI. SATISH PUNDALIK ASHTEKAR, AGE:MAJOR, OCC:BUSINESS, R/O:LIG-598, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 113. SMT. NIKITA K.JAIN AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. - 61 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 114. SHRI. ARJUN ARUN GADVI AGE:MAJOR, OCC:BUSINESS, R/O:MIG-II/557, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. 115. SHRI. JAGANNATH RAMAKRISHNASA CHATNI AGE:MAJOR, OCC:BUSINESS, R/O:HUBLI. 116. SHRI. MALEEKSAB AMMENSAB BAGWAN AGE:MAJOR, OCC:BUSINESS, R/O:BENGLURU. 117. SMT. DAMAYANTI W/O. GURUSIDDAPPA LAKHGOUDA, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:ATHANI, TQ AND DIST:BELAGAVI. 118. SMT. VIDYA W/O. HOLEBASAPPA HANAGANDI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:TILKAWADI,BELAGAVI. 119. SMT. BHARATI ASHOK PATIL, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MUDHOL, DISTRICT:BAGALKOT. 120. SHRI. CHANDRAKANT DATTUBA CHAVAN AGE:MAJOR, OCC: HOUSEHOLD WORK, R/O:RANI CHANNAMMANAGAR, BELAGAVI. 121. SHRI. SHASHIDHAR MAHANTSHETTI, AGE:MAJOR, OCC:BUSINESS, R/O:SAVAGAON ROAD, BELAGAVI. 122. SHRI. RAJU BASAVANEPPA GANACHARI AGE:MAJOR, OCC:BUSINESS, R/O:DESHNUR, DISTRICT:BELAGAVI. 123. SHRI. SUHAS DUNDAPPA TORE AGE:MAJOR, OCC:BUSINESS, R/O:ATIWAD, BELAGAVI. 124. SMT. TANUJA JAGANNATH BAJANTRI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:VISHWESHARAYYANAGAR, BELAGAVI. - 62 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 125. SMT. RENUKA UDAY HALEMANI AGE: MAJOR, OCC:HOUSEHOLD WORK, R/O:BHAGYANAGAR, BELAGAVI. 126. SMT. ARATI SHRINIVS SANGLI AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:NANAWADI, BELAGAVI. 127. SHRI. MANJUGOUDA BASAVARAJ PATIL AGE:MAJOR, OCC:BUSINESS, R/O:FULBAG GALLI, BELAGAVI. 128. SMT. RAJASHREE VIJAYKUMAR RANKHAMBE AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:HINDALGA ROAD, BELAGAVI. 129. SHRI. VIJAYKUMAR YAMANAPPA RANKHAMBE AGE:MAJOR, OCC:BUSINESS, R/O:HINDALGA ROAD, BELAGAVI. 130. SHRI. MARUTI NINGAPPA MALAWADI AGE:MAJOR, OCC:BUSINESS, R/O:TUKANATTI, TQ:GOKAK, DIST:BELAGAVI. 131. SHRI. SURESH ANGADI EDUCATION FOUNDATION (R) NO.8, SIDDARAMESHWAR COMPLEX, RAMDEV GALLI, BELAGAVI, R/BY. ITS CHAIRMAN, SRI. SURESH C.ANGADI. 132. SHRI. MOHAN GHATIGEPPA KOTHIWALE AGE:MAJOR, OCC:PRIVATE SERVICE, R/O:PLOT NO.124, 5TH CROSS, KUVEMPUNAGAR, BUDA SCHEME NO.40, HANUMANNAGAR, BELAGAVI. 133. SHRI. SURESH PANDURANG SHINGI, AGE:MAJOR, OCCUPATION:BUSINESS, R/O:MIG-II/558, KHB COLONY, R.S.NO.83/1, BENKANHALLI, BELAGAVI. …RESPONDENTS (BY SRI. ASHOK R.KALYANASHETTY, ADVOCATE FOR R4; SRI. SATISH L.KARALE, ADVOCATE FOR R24; SRI. S.S.PATIL, ADVOCATE FOR R19; SRI. S.R.KAWALI AND SRI.G.S.KAWALI, ADVS. FOR R26; - 63 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters SRI. V.S.PRABHU, ADVOCATE FOR R31; SRI. A.I.JOTAWAL, ADVOCATE FOR R33; SRI. M.R.BIRJE, ADVOCATE FOR R36) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC PRAYING TO ALLOWED AND THE JUDGMENT AND THE DECREE DATED 8-9-2017 PASSED BY THE COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI IN ORIGINAL SUIT NO.7/2004 MAY KINDLY BE MODIFIED GRANTING TO THE PLAINTIFF NO.1 EQUAL 1/8TH SHARE AND TO THE DECEASED PLAINTIFF NO.2 NOW REPRESENTED BY THE PLAINTIFFS NO.2B AND 2D TO 2F EQUAL 1/8TH SHARE IN THE WESTERN PORTION MEASURING EAST- WEST 14 FEET AND NORTH-SOUTH 110 FEET OUT OF C.T.S.NO.3522/1D OF BELAGAVI AND THE OPEN SPACE BEARING PARADE(BACKYARD) NO.50 OF BENKANHALLI NOW BEARING BENKANHALLI GRAM PANCHAYAT PROPERTY NO.340 AND FURTHER AWARDING EQUAL ONE-FOURTH(1/4) SHARE EACH TO THE PLAINTIFF NO.1, DECEASED PLAINTIFF NO.2 NOW REPRESENTED BY THE PLAINTIFFS NO.2B AND 2D TO 2F, DEFENDANT NO.1 AND DECEASED DEFENDANT NO.2, IN THE SUIT AGRICULTURAL LANDS BEARING R.S.NO.83/1 OF VILLAGE BENKANHALLI, TALUKA AND DISTRICT BELAGAVI AND R.S.NO.810/1 OF BELAGAVI TALUKA AND DISTRICT: BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) These captioned appeals arise out of a judgment rendered in O.S. No.7/2004, wherein plaintiff No.1 – Kamal W/o. Manick Muchandi is granted 1/12th share in suit item Nos.2A and 2B and whereas plaintiff Nos.2(a) to - 64 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 2(f), who represent the branch of Shantabai, the second daughter of original tenant Mallappa Sattu Kurne are also granted 1/12th share in the suit schedule properties. 2. The present appeal in R.F.A. No.100385/2017 is a lead appeal filed by the Karnataka Housing Board, a pendente lite purchaser, assailing the preliminary decree drawn in O.S. No.7/2004 granting share to married daughters in respect of tenanted land held by original tenant Mallappa Sattu Kurne. The connected appeal in R.F.A. No.100152/2025 is filed by the plaintiffs questioning the notional share granted by the Trial Court in respect of tenanted land in so far as plaintiff No.1 is concerned. Plaintiffs Nos.2A to 2F are denied share in tenanted lands on the ground that their mother Shantabhai was married prior to 1987. The purcharsers of sites through Defendant No.4/ Housing Board have also assailed the preliminary decree in RFA Nos. 100150/20205 and 100151/2025 . - 65 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 3. For the sake of convenience, the parties are referred to as per their rank before the Trial Court. 4. The family tree is relevant to the case. The same is culled out as under: Mallappa Sattu Kurne |(died on 05.05.1987) | Yallubai (died on 02.07.1999) | w/o Mallappa Kurne ________________________ |_________________________ | | | | Kamal Shantabai Vasant Vishwanath (Plaintiff) (died on 30.09.1987) (D.1) (D.2) | | - Fakira Langarkhande | (husband - P.2A) _________________|_______________________________ | | | | | Narayan Rajesh Sunita Jaya Pravin (P.2B) (P.2C) (P.2D) (P.2E) (P.2F) 5. Plaintiff No.1 – Kamal, along with plaintiff Nos.2A to 2F who are the legal heirs of the predeceased daughter Shantabai, instituted the present suit asserting their right, title, and interest in the suit schedule properties by contending that the said properties constitute joint family ancestral properties. The plaintiffs claim to be coparceners in the joint family comprising - 66 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters themselves and defendant Nos.1 and 2, who are the sons of the original tenant, Mallappa Sattu Kurne. The suit, bearing O.S. No.7/2004, was filed on 08.01.2004, with the plaintiffs averring that defendant Nos.1 and 2, without obtaining their consent or knowledge, were attempting to alienate the suit schedule lands. This action on the part of the defendants prompted the plaintiffs to seek urgent intervention of the court and hence filed suit for partition. Consequently, the Trial Court was pleased to grant an interim order on 24.02.2004, restraining the alienation of the suit properties, which was initially extended until 12.03.2004 and subsequently extended further until 31.05.2004. 6. Defendant Nos.1 and 2, being the sons of the original tenant Mallappa Sattu Kurne, entered appearance and filed their written statement stoutly denying the plaintiffs’ claim over the suit schedule properties. They specifically contested the assertion that the properties in question are joint family ancestral properties and denied - 67 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters the status of the plaintiffs as coparceners. The defendants contended that after the demise of their father, they alone had pursued the tenancy rights before the Land Tribunal, resulting in the conferment of occupancy rights in their individual capacities. It was their specific defence that the plaintiffs, being married daughters and children of a predeceased daughter, had no right to claim any share in the tenanted lands, as such lands had ceased to be part of the joint family property upon the grant of occupancy rights in their names. 7. During the course of trial, both sides adduced oral and documentary evidence in support of their respective claims. The plaintiffs produced in total 40 documents, which were marked as Exhibits P1 to P40, and led oral evidence through plaintiff No.1 – Kamal. On the other hand, defendant Nos.1 and 2 did not enter the witness box, nor did they adduce any oral evidence to substantiate their defence. However defendant no.4 relied on documentary evidence, with several documents being - 68 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters marked as Exhibits D1 to D54. In addition, one official representative of defendant No.4 – the Karnataka Housing Board was examined as D.W.4. Upon a comprehensive appreciation of the oral and documentary evidence on record, the learned Trial Court decreed the suit partly. The Court recognized plaintiff No.1’s entitlement to a notional share in Sy.No.83/1 measuring 23 acres and 5 guntas situated at Benkanahalli village, Taluka Belagavi, and Sy.No.810/1 measuring 1 acre and 14 guntas situated at Belagavi. However, the legal heirs of Shantabai – plaintiff Nos.2A to 2F were denied any share in the tenanted lands, and were granted only a notional share in the ancestral properties. 8. Regular First Appeal No.100385/2017 has been preferred by defendant No.4 – Karnataka Housing Board, a pendente lite purchaser, challenging the preliminary decree passed in O.S. No.7/2004. The said decree pertains to the declaration of rights in respect of the suit schedule properties. The Karnataka Housing Board, having - 69 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters purchased certain portions of the suit lands during the pendency of the proceedings, has questioned the finding on validity of sale deed obtained by it and sustainability of the decree granting share to married Daughters in tenanted land. The present appeal is connected with RFA No.100152/2025, which has been filed by the legal heirs of the original plaintiffs. Initially, this appeal was filed before the Court of the District Judge, Belagavi, but was subsequently withdrawn and transferred to this Hon’ble Court. In RFA No.100152/2025, the appellants have challenged the limited relief granted by the Trial Court, particularly the grant of only a notional share to plaintiff No.1 and the complete denial of any share to plaintiff Nos.2A to 2F in the tenanted land as well as ancestral land. These lands include Sy.No.83/1 measuring 23 acres and 5 guntas situated at Benkanahalli village, Taluka Belagavi, and Sy.No.810/1 measuring 1 acre and 14 guntas situated at Belagavi. Similarly the purchasers of individual sites have also preferred appeals which are - 70 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters withdrawn and transferred to this Court and re-numbered RFA No.100150/2025, RFA No.100151/2025 and RFA No.100152/2025. 9. This court has extensively heard the learned counsel appearing for defendant No.4/Karnataka Housing Board, learned counsel appearing for the plaintiffs and the learned counsels appearing for the purchasers of sites sold by defendant No.4/Karnataka Housing Board. 10. The principal contention advanced on behalf of Defendant No.4 in the present case is that the Karnataka Housing Board, having invoked its powers under Section 32 of the Karnataka Housing Board Act, 1962, has duly acquired the suit properties bearing Survey Nos. 83/1 and 810/1. It is therefore urged that the plaintiffs, who are married daughters, are not entitled to maintain the present suit seeking partition in respect of the said lands. The crux of the argument put forth by the learned counsel appearing for the Housing Board is that the occupancy rights in respect of the suit lands were granted by the - 71 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters Land Tribunal in favour of Defendant Nos.1 and 2. Furthermore, the occupancy price was jointly paid by Defendant Nos.1 and 2 along with the Karnataka Housing Board. In view of the same, it is contended that the said lands have become the absolute properties of Defendant Nos.1 and 2. Consequently, it is submitted that the plaintiffs have no subsisting right or interest in the suit properties and hence, the suit for partition is not maintainable and is liable to be dismissed in limine. 11. In response, the learned counsel appearing for the plaintiffs has refuted the contentions of Defendant No.4 and has emphasized that the original tenant, one Mallappa Sattu Kurne, had filed Form No.7 under the Karnataka Land Reforms Act, 1961 after the commencement of the amended provisions of the Act. Pursuant to the said application, the Land Tribunal, by its order dated 26.02.1981, conferred occupancy rights in respect of the suit land in favour of the original tenant. Although this initial order was subsequently set aside by - 72 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters this Hon’ble Court and the matter was remanded for fresh consideration, the Tribunal, on remand, granted occupancy rights in favour of Defendant Nos.1 and 2, recognizing them as legal representatives of the original tenant, Mallappa Sattu Kurne. It is thus argued that the grant of occupancy rights to Defendant Nos.1 and 2 must be construed as one made in continuation of the original application filed by the deceased tenant. Accordingly, it is submitted that once occupancy rights are conferred under the Karnataka Land Reforms Act, such rights attain the character of absolute ownership. Therefore, the plaintiffs, being legal heirs of the original tenant, are entitled to claim their rightful share in the suit properties by way of inheritance in accordance with the provisions of Section 8 of the Hindu Succession Act, 1956. 12. On the other hand, the learned counsel appearing for the purchasers of the suit lands, namely Sri Shreevatsa Hegde, Sri Chetan Munnoli, Sri Vitthal S. Teli, and Sri Nagaraj J. Appannavar, have strenuously - 73 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters contended that the plaintiffs, being married daughters, are excluded from claiming any share in the tenanted land by virtue of the specific exclusion under Section 2(12) of the Karnataka Land Reforms Act, 1961. It is their collective submission that the definition of “family” under the said provision does not include married daughters, and as such, the plaintiffs are not entitled to seek partition in respect of lands which are governed by tenancy laws. Consequently, they assert that the present suit instituted by the plaintiffs is legally untenable and deserves to be dismissed. 13. We have carefully examined the pleadings, more particularly, plaint and the written statement filed by the plaintiffs and defendant Nos.1 and 2. We have given our anxious consideration to the judgment cited by the respective counsel. We have also meticulously examined the records. The following points would arise four our consideration. - 74 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters i) Whether the finding of the trial court, which holds that the second daughter, Smt. Shantabai who was married prior to the year 1987 is not entitled to a share in the tenanted land(Schedule I(I)), suffers from legal perversity or misapplication of the law? ii) Whether the trial court committed an error in granting a notional share to Plaintiff No.1 in the tenanted land (Schedule I(I)) without proper consideration and application of the provisions contained under Section 24 read with Section 2(12), and Sections 44 and 45 of the Karnataka Land Reforms Act, 1961? iii) Whether the trial court’s finding denying a share in the tenanted land (Schedule I(I)) to the legal heirs of Smt. Shantabai (i.e., Plaintiff Nos. 2A to 2F) is contrary to the law laid down by the Division Bench of this Hon’ble Court in Smt. Kamalavva & Others v. Shivappa & Others (RFA No.100189/2020), Nimbavva & Others v. Channaveerayya & Others (RFA Nos. 4150/2012 & 4025/2013), and the Coordinate Bench decision in Smt. Kamala & Others v. - 75 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters Smt. Lingamma Hengsu & Others, reported in 2002 (2) Kar.L.J. 456? iv) Whether the Trial Court was justified in declaring the entire sale deed executed by defendant Nos.1 and 2 in favour of defendant No.4 as invalid, despite plaintiff No.1 and plaintiff Nos.2A to 2F being entitled to 1/4th share each in the suit schedule properties? v) Whether the share allotted by the trial Court warrants interference at the hands of this Court? Finding on point Nos.(i) to (iii). 14. Before delving into the legal position laid down by a Coordinate Bench of this Hon’ble Court on the issue at hand, it is considered appropriate to first refer to and take note of the definition of the term "family" as provided under Section 2(12) of the Karnataka Land Reforms Act, 1961. The said provision, which is relevant for the present discussion, reads as follows: - 76 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters “2(12) “family” means,— (a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any; (b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters; (c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and (d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters” 15. We also deem it appropriate to take cognizance of the provisions contained in Section 24 of the Karnataka Land Reforms Act, 1961, which is relevant to the present case. The said provision reads as under: “24. Rights of tenant to be heritable.—Where a tenant dies the landlord shall be deemed to have continued the tenancy to the heirs of such tenant on the same terms and conditions on which such tenant was holding at the time of his death.” - 77 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 16. We also deems it fit to take cognizance of Sections 44(1) and 45(1) of the Karnataka Land Reforms Act, 1961, which reads as under: “44. Vesting of lands in the State Government.—(1) All lands held by or in the possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the Amendment Act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government. 45. Tenants to be registered as occupants of land on certain conditions.—(1) Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sublet, such sub-tenant shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or - 78 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters sub-tenant before the date of vesting and which he has been cultivating personally.” 17. The Division Bench of this Hon’ble Court, while examining the rights of married daughters in respect of tenanted lands, placed reliance on the law laid down by a learned Single Judge in the case of Smt. Kamala and Others v. Smt. Lingamma Hengsu and Others1. In that case, the Court specifically dealt with the interpretation of Section 2(12) of the Karnataka Land Reforms Act, 1961, which defines the term “family”. Referring to this statutory definition, the Division Bench held that married daughters do not fall within the scope of the term “family” as envisaged under the Act, and consequently, they are not entitled to claim a share in tenanted lands. The learned Single Judge, in Smt. Kamala (supra), further observed that in cases where a tenant had died prior to 01.03.1974,the appointed date under the amended Karnataka Land Reforms Act, the right to inherit his estate would vest solely in those who 1 2002(2) Kar.L.J. 456 - 79 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters qualified as members of his family at the time of his death, namely the widow, minor sons, and unmarried daughters. It was held that any right vested in such family members prior to 1974 could not be divested by subsequent amendments to the Act. Thus, the legislative intent was understood as recognizing only a limited class of heirs under tenancy law for the purpose of succession to tenanted lands. 18. A similar view was taken by the Hon’ble Supreme Court in the case of Jayamma v. Maria Bai (Dead) by Proposed LRs and Another2. In paragraph 13 of the judgment, the Hon'ble Apex Court affirmed that while tenancy rights are indeed heritable, the conferment of occupancy rights upon an heir is not automatic. The Court clarified that an heir may be granted occupancy rights only if they satisfy the statutory precondition of being a cultivator or tenant on the appointed date. It was further emphasized that not all heirs of a deceased tenant 2 (2004) 7 SCC 459 - 80 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters are eligible to be recognized as occupants under the Karnataka Land Reforms Act. Significantly, the Court made an observation, albeit in passing, that a married daughter of a deceased tenant cannot be conferred occupancy rights, reinforcing the principle that eligibility is contingent upon continued cultivation and presence in the family unit as defined under the Act. 19. Reinforcing this legal position, a Division Bench of this Court in Smt. Kamalavva and Others v. Shivappa and Others, in RFA No.100189/2020, addressed the core issue of whether married daughters could claim a share in tenanted lands by way of succession. The Court noted that the original tenant, Shiddappa, had filed Form No.7 seeking conferment of occupancy rights, and such rights were duly granted by the Land Tribunal upon inquiry. The Bench clarified that although the Karnataka Land Reforms Act governs the process of conferring occupancy rights, it does not contain any specific provision prescribing the mode of succession - 81 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters to such lands post-conferment. Therefore, once occupancy rights are conferred and such lands become the absolute property of the tenant, succession to the said lands must be governed by the provisions of the Hindu Succession Act, 1956, and not by the Land Reforms Act. This interpretation significantly shifts the focus from the tenancy framework to general succession law once the land ceases to be governed by tenancy restrictions. 20. The judgment rendered by the Hon'ble Apex court in Ramakrishna Reddy and Others3, rather comes to the aid of plaintiffs. The ratio laid down in the said case is pertinent to the present controversy, particularly in determining the inheritance rights of Class-I heirs under the Hindu Succession Act in respect of properties absolutely owned by a Hindu male. At paragraph 9 of the judgment, the Apex Court observed that once the property is vested absolutely in a Hindu male, the succession to such property must follow the scheme laid down under 3 (2015) 1 SCC 417 - 82 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters Section 8 of the Hindu Succession Act, 1956. This includes daughters married or unmarried as Class-I legal heirs, thus entitling them to equal shares in the property. The judgment therefore supports the proposition that once the land loses its character as tenanted land and becomes the absolute property of the tenant or his heirs, the bar under Section 2(12) of the Land Reforms Act no longer applies, and the general law of succession takes over. Relevant para is extracted as under; “18. Right of inheritance and succession is a statutory right. A right in a property which is vested in terms of the provisions of the Hindu Succession Act cannot be taken away, except in terms of provisions of another statute, which would have an overriding effect. Such special statue should be a complete code. It shall ordinarily be a later statue. Ordinarily again it must contain a non obstante clause.” 21. In light of the precedents laid down by various Courts, including the Hon’ble Supreme Court, the central - 83 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters question that arises for consideration in the present case is whether married daughters are excluded from claiming a share in tenanted lands by virtue of the definition of “family” under Section 2(12) of the Karnataka Land Reforms Act, 1961, when read in conjunction with Section 24 of the said Act. On a plain reading of these two provisions, it appears that married daughters are excluded from the definition of “family”, which includes only the tenant, his or her spouse, minor sons, and unmarried daughters. Section 24 provides for the deemed continuation of tenancy upon the death of a tenant, but confines succession rights to the members defined under Section 2(12). Therefore, as a general proposition, it may be inferred that married daughters do not succeed to tenancy rights under these provisions. 22. However, this exclusion cannot be viewed in isolation from the broader legislative framework and the chronological events relevant to the case. It is necessary to analyze the effect of Section 24 in the context of the - 84 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters cut-off date of 01.03.1974, which is the date of vesting of tenanted lands in the State Government under Section 44 of the Karnataka Land Reforms Act, 1961 (as amended). Section 44 provides that all lands held by or in possession of tenants immediately prior to the date of commencement of the Amendment Act shall stand transferred to and vest in the State. This vesting date becomes crucial in determining whether the tenancy rights were ever open to inheritance under Section 24 or whether they ceased to exist as heritable rights upon vesting. In the present case, the original tenant, Mallappa, was alive as on 01.03.1974 and had filed Form No. 7, pursuant to which the Land Tribunal granted occupancy rights in an order dated 26.02.1981. Although that order was subsequently set aside and the matter remanded, Mallappa passed away in May 1987, during the pendency of the remand proceedings. 23. The real issue, therefore, is whether the sons— defendant Nos.1 and 2 along with their mother, claimed - 85 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters tenancy in their individual right post the death of Mallappa, or merely prosecuted the application already tendered by Mallappa. The records categorically show that Form No.7 was filed by the original tenant, Mallappa, and not by his successors. Hence, upon Mallappa’s demise after the vesting date, the tenancy rights had already matured into occupancy rights under the amended Act. Accordingly, Section 24 becomes inapplicable as the agricultural land, having vested in the State, was no longer a heritable estate governed by the definition of "family" in Section 2(12). The process post-vestment, including the remand proceedings and ultimate grant of occupancy, must be treated as an extension of the original claim by Mallappa, not as a fresh application by his heirs. 24. Therefore, even though the final order conferring occupancy rights was passed in the names of defendant Nos.1 and 2 and their mother, it must be legally construed as a continuation of the original tenant’s claim. The rights so granted devolve upon all Class-I legal heirs - 86 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters under Section 8 of the Hindu Succession Act, 1956, including married daughters. The notion that defendant Nos.1 and 2 acquired the occupancy rights in their own right by inheritance under Section 24 is factually and legally untenable, given that Mallappa was alive when the vesting took place and when Form No.7 was filed. 25. By way of clarification, had Mallappa passed away prior to 01.03.1974, the tenancy rights would have devolved under Section 24 upon only those legal heirs falling within the scope of Section 2(12) namely, the widow, minor sons, and unmarried daughters, thus excluding married daughters. In such a situation, the occupancy rights granted would be deemed to vest in those qualified heirs, and any later claim by married daughters would be barred. However, that hypothetical scenario does not apply to the case at hand, as Mallappa survived beyond the cut-off date and filed Form No.7 himself. - 87 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 26. Therefore, the grant of occupancy rights after his death to defendant Nos.1 and 2 and their mother cannot be regarded as a fresh or independent conferment but must be deemed as rights granted to the estate of Mallappa. Consequently, these lands, i.e., Sy. No. 83/1 and Sy. No. 810/1, must be treated as the self-acquired properties of Mallappa. The succession to these properties would then be governed by the general law of inheritance under the Hindu Succession Act and not by the exclusionary provisions of Sections 2(12) and 24 of the Land Reforms Act. Hence, married daughters, including plaintiff No.1 – Smt. Kamala and the deceased Shantabai, whose legal heirs are plaintiff Nos. 2A to 2F, cannot be excluded from inheritance. 27. In view of the above reasoning, the finding of the trial court in granting only a notional share to plaintiff No.1 while denying any share to the legal heirs of Shantabai on the ground that she was a married daughter who died in 1987 is clearly erroneous. This finding ignores - 88 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters the fact that the suit properties were the self-acquired properties of Mallappa and were liable to devolve upon all Class-I heirs under Section 8 of the Hindu Succession Act. The trial court’s conclusion is therefore perverse and contrary to law. 28. The trial court has further committed a grave error in denying share to the mother of plaintiff Nos. 2A to 2F solely on the ground that she was a married daughter and her marriage had taken place prior to 1987. This reasoning is misplaced, especially when the right to the property in question flows not from tenancy inheritance under the Land Reforms Act but from statutory inheritance under the Hindu Succession Act. Accordingly point nos.i to iii are answered in the affirmative. Finding on Point no.iv 29. With regard to the appeal filed by defendant No.4 – the Karnataka Housing Board, we find it necessary to observe that the said defendant is a pendente lite - 89 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters purchaser, having acquired rights in the suit schedule properties during the pendency of the litigation. As a matter of settled legal principle, a purchaser pendente lite is bound by the doctrine encapsulated in Section 52 of the Transfer of Property Act, 1882, and cannot claim any better or independent title than that of the person through whom it derives interest. In this light, defendant No.4 lacks the legal standing (locus standi) to assail the preliminary decree granted in favour of the plaintiffs. However, in view of the institutional nature of the Housing Board and the gravity of the consequences stemming from its actions, we have, in fairness, considered its submissions on merits. 30. Defendant No.4 contends that it acquired the suit lands by invoking the powers under Section 32 of the Karnataka Housing Board Act, 1962, and therefore, the plaintiffs' claims are limited only to monetary compensation. We find this contention to be wholly untenable and legally unsustainable. It is pertinent to note - 90 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters that defendant No.4 was impleaded in the suit only after the litigation was already in progress, and any transactions entered into thereafter are necessarily subject to the outcome of the suit. The record categorically demonstrates that, subsequent to being brought on record, the Housing Board proceeded to execute several sale deeds in respect of sites formed in the suit schedule lands, notwithstanding the pendency of the suit and the subsisting claims of the plaintiffs. Such conduct is not only legally impermissible, but also ethically questionable, particularly for a public authority which is expected to act with transparency, diligence, and fairness. The actions of the Housing Board in selling plots during the pendency of the litigation have unnecessarily dragged innocent third parties — bona fide purchasers into prolonged legal proceedings, thereby jeopardizing their rights and creating avoidable hardship. 31. It is also significant that an interim order of injunction had initially been granted restraining alienation - 91 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters or interference with the suit properties. Though that injunction may not have been extended subsequently, its lapse does not ipso facto validate the conduct of the Housing Board, nor does it extinguish the rights of the co- owners or confer upon defendant No.4 a superior proprietary interest. The Housing Board’s conduct in unilaterally dealing with disputed properties, despite being aware of the pending suit, evinces a disregard for due process and judicial proceedings. As a pendente lite purchaser, defendant No.4 is bound by the doctrine of lis pendens and cannot be permitted to question the foundational rights of the plaintiffs in the suit schedule properties. 32. Accordingly, we hold that defendant No.4 has no independent or superior title that would entitle it to defeat the rights of the rightful co-owners, including the plaintiffs. However, in the interest of justice and equity, and having regard to the fact that certain individual purchasers have acquired plots for valuable consideration and appear to - 92 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters be bona fide, their rights shall be considered and protected during the final decree proceedings, to the extent permissible in law. The final decree court shall examine all equities and ensure that the rights of such bona fide purchasers are balanced against the entitlements of the rightful co-owners. The Housing Board shall not derive any advantage from its irregular conduct, and any claim for compensation or retention of sites shall be limited strictly to the undivided share of defendant Nos.1 and 2, to the extent they are held entitled in the final decree. 33. We are, however, conscious of the fact that certain purchasers, namely, defendant Nos.6, 15, 26, 33, 63, and 83, are bona fide purchasers who have acquired sites for valuable consideration. Equity demands that their interests be safeguarded in the final decree proceedings. The record indicates that the Housing Board still has substantial unsold land in its possession. Accordingly, the sale deeds executed in favour of these bona fide purchasers shall be recognized and protected - 93 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters equitably in the final decree stage. Those allottees who have surrendered their plots shall not derive any benefit under this judgment. The final decree court shall prioritize and appropriately re-allocate the plots to existing purchasers, limiting relief only to those who are parties before this court. The rights conferred by the Housing Board through its sale deeds shall, at best, be valid to the extent of the undivided half share held by defendant Nos.1 and 2. All claims beyond this shall be subject to adjudication in the final decree proceedings. 34. The finding of the Trial Court declaring the sale deed executed in favour of defendant No.4 – Karnataka Housing Board as invalid is, with respect, legally unsustainable and suffers from perversity. The Trial Court failed to properly appreciate the factual and legal position regarding the rights of defendant Nos.1 and 2, who, at the time of execution of the sale deed, were recorded as the holders of occupancy rights pursuant to proceedings before the Land Tribunal. The evidence on record clearly - 94 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters establishes that defendant Nos.1 and 2 had alienated their respective undivided shares in the suit schedule properties in favour of defendant No.4 during the pendency of the proceedings. Although the principle of lis pendensunder Section 52 of the Transfer of Property Act, 1882 would apply to such transactions, it does not ipso facto render the sale void; rather, it makes the sale subject to the outcome of the suit. Therefore, the Trial Court erred in declaring the sale deed entirely invalid instead of recognizing its limited validity to the extent of the share held or claimable by defendant Nos.1 and 2, which could be adjudicated in the final decree proceedings. In light of the above, the issue framed as Point No. (iv) is answered partly in the affirmative, holding that while the sale deed cannot bind the plaintiffs' share, it is valid and operative to the extent of the interest held by defendant Nos.1 and 2 in the suit schedule properties. - 95 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters Finding on Point No.v 35. In the light of the findings recorded by us while examining points i to iii, we are of the view that the trial Court erred in awarding notional share to plaintiff No.1 in agricultural lands (schedule (I)(I)] and (I)(ii)]. In the tenanted land bearing Survey No.83, trial Court has granted notional share to plaintiff No.1 and the legal heirs of Shantawwa namely, plaintiff Nos.2 A to 2F are denied share in the tenanted land as well as in second item of schedule I bearing Survey No.810/1. 36. The schedule I(I) - Survey No.83 is a self acquired property of original tenant Mallappa and therefore, plaintiff No.1 and mother of plaintiff Nos.2A to 2F(Shantabai) and defendants 1 and 2 will take 1/4th share each. The plaintiff No.1 and plaintiff Nos. 2A to 2F will also take independently 1/4th each in Schedule II "a" and "b" properties. - 96 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters 37. CONCLUSIONS: I. Married Daughters Not Excluded Under Section 8 of the Hindu Succession Act: The present case involves a crucial question of law pertaining to the inheritance rights of married daughters in tenanted agricultural lands. It is well settled that under Section 8 of the Hindu Succession Act, 1956, the property of a deceased Hindu male, who dies intestate, devolves equally upon all Class I heirs, which includes married daughters. There is no distinction or exclusion based on marital status under the Hindu Succession Act. Therefore, when the tenanted land is no longer governed by tenancy inheritance under the Land Reforms Act, but has vested absolutely in the tenant and becomes part of his estate, Section 8 must apply in full force, giving married daughters equal right to inherit. - 97 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters II. Limited Applicability of Section 2(12) r/w Section 24 of the Karnataka Land Reforms Act, 1961: The definition of “family” under Section 2(12) of the Karnataka Land Reforms Act, 1961, which includes only the widow, minor sons, and unmarried daughters of the tenant, is relevant only in the limited context of succession to tenancy rights under Section 24, upon the death of a tenant prior to vesting under Section 44. However, in the present case, the original tenant Mallappa was alive as on 01.03.1974, the date on which the tenanted lands vested in the State under Section 44 of the Act. He had already filed Form No.7, and the occupancy rights were first granted to him in 1981. Thus, the tenancy rights did not devolve under Section 24, but were converted into absolute ownership rights under Section 45, vesting in the original tenant Mallappa. - 98 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters III. Once Occupancy Rights Are Granted, Land Becomes Absolute Property: After vesting and grant of occupancy rights under Sections 44 and 45 of the Karnataka Land Reforms Act, the tenanted land ceases to be governed by tenancy laws and becomes the absolute property of the person in whose favour occupancy rights were granted. In the instant case, although the occupancy rights were granted in the names of Mallappa’s widow and sons after his death, it is clear from the record that the grant was based on an application filed by Mallappa himself. Therefore, the occupancy must be construed as a grant to the original tenant Mallappa, and upon his death, his estate must devolve under the Hindu Succession Act, not under the Land Reforms Act. IV. Reasons for Reversal of Decree: The trial court committed a serious legal error in relying on the definition of “family” under Section 2(12) of the Karnataka Land Reforms Act to deny share to the married - 99 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters daughters (plaintiff No.1 and late Shantabai). As explained above, that definition was no longer applicable, as the tenancy rights had merged into ownership by the time of Mallappa’s death in 1987. Consequently, the estate of Mallappa devolved upon all Class I heirs under Section 8 of the Hindu Succession Act, including his married daughters. The trial court’s reasoning suffers from perversity and misapplication of law, and its decree warrants reversal to ensure compliance with the statutory mandate of gender-equal inheritance under the Hindu Succession Act. V. Recognition of Married Daughters' Right is Constitutionally and Statutorily Mandated: Excluding married daughters from inheritance in post- vesting tenanted lands would not only contravene the provisions of the Hindu Succession Act but also violate constitutional principles of equality enshrined in Articles 14 and 15 of the Constitution of India. The purpose of agrarian reform laws was not to discriminate - 100 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters against women, but to eliminate intermediaries and confer ownership upon actual cultivators. Once the tenant is conferred ownership, the land becomes part of his estate and must devolve equally among all Class I heirs, including married daughters. 38. For the forgoing reasons, we proceed to pass the following: ORDER i) Regular First Appeal Nos.100385/2017 and 100152/2025 are allowed in part. ii) The sale deed executed by defendant Nos.1 and 2 in favour of defendant No.4 – Karnataka Housing Board is declared valid to the extent of the undivided ½ (one-half) share jointly held by defendant Nos.1 and 2 in the tenanted lands. The sale, however, shall not affect the shares of the plaintiffs. iii) Plaintiff No.1 is declared entitled to ¼ (one-fourth) share in the tenanted lands. Likewise, plaintiff Nos.2A to 2F, being the legal heirs of the predeceased - 101 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters daughter Shantabai, are jointly entitled to ¼ (one-fourth) share in the said lands. iv) Plaintiff No.1 and plaintiff Nos. 2A to 2F together are awarded 1/4th share each in schedule I (ii)(Sy.No.810/1) and in Schedule II "a" and "b" properties. (v) In view of the findings and conclusions rendered in RFA No.100385/2017, wherein the rights of the pendente lite purchaser – the Karnataka Housing Board have been protected to the extent of the share validly conveyed under the sale deed, the connected appeals in RFA Nos.100150/2025 and 100151/2025 do not survive for independent adjudication and are accordingly dismissed as infructuous. vi) The appellants/purchasers in RFA Nos.100150/2025 and 100151/2025 are at liberty to work out their equitable rights and remedies, if any, in accordance with law, by relying upon the - 102 - HC-KAR NC: 2025:KHC-D:6835-DB RFA No. 100385 of 2017 And Connected Matters observations made and findings recorded in RFA No.100385/2017. vii) Draw decree accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE RSH,MBS,CKK List No.: 1 Sl No.: 12