- 1 - HC-KAR NC: 2025:KHC-D:11432 RSA No. 101556 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 101556 OF 2022 (PAR/POS) BETWEEN: SHRI. SIDRAM S/O. NINGAPPA KAGI, AGE-39 YEARS, OCC-AGRICULTURE, R/O-KALUTI NAGAR, TERDAL-587315. TQ-RABAKAVI-BANAHATTI, DIST-BAGALKOT. …APPELLANT (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. SHRI. SHRIHARI S/O. SHAMRAO PISE, AGE-51 YEARS, OCC-AGRICULTURE, R/O-NEAR DANAMMA TEMPLE, RABAKAVI-587311, TQ-RABAKAVI-BANAHATTI, DIST-BAGALKOT. 2. SMT. BHAGYASHRI W/O. SHRIHARI PISE, AGE-46 YEARS, OCC-HOUSEHOLD WORK, R/O-NEAR DANAMMA TEMPLE, RABAKAVI-587311, TQ-RABAKAVI-BANAHATTI, DIST-BAGALKOT. 3. SMT. RUKMAWWA W/O. NINGAPPA KAGI, AGE-66 YEARS, OCC-HOUSEHOLD WORK, R/O-KALUTI NAGAR, TERDAL-587315, TQ-RABAKAVI-BANAHATTI, DIST-BAGALKOT. 4. SHRI. SIDDAPPA S/O. NINGAPPA KAGI, AGE-41 YEARS, OCC-AGRICULTURE, R/O-KALUTI NAGAR, TERDAL-587315, TQ-RABAKAVI-BANAHATTI, DIST-BAGALKOT. 5. SHRI. CHANDRAWWA W/O. MUTTAPPA PUJERI, AGE-39 YEARS, OCC-HOUSEHOLD WORK, R/O-LINGANUR-587301, TQ-JAMAKHANDI, DIST-BAGALKOT. Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.11 16:12:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11432 RSA No. 101556 of 2022 6. SHRI. PRABHU S/O. NINGAPPA KAGI, AGE-37 YEARS, OCC-AGRICULTURE, R/O-KALUTI NAGAR, TERDAL-587315, TQ-RABAKAVI-BANAHATTI, DIST-BAGALKOT. …RESPONDENTS (RESPONDENT NO.1-DECEASED) (SERVICE OF NOTICE ON RESPONDENT NOS.2 TO R6-HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 READ OF CPC,1908. PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 08.04.2022 PASSED IN R.A.NO.5061/2021 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI AT JAMKHANDI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.10.2021 PASSED IN O.S. NO.80/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BANAHATTI, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The appellant, who is defendant No.1 before the trial Court has preferred this appeal against the Judgment and Decree dated 04.10.2021 passed by the Senior Civil Judge and JMFC, Banahatti (for short, ‘the trial Court’) in O.S.No.80/2017, which was confirmed by the Judgment and Decree dated 08.04.2022 passed by the I Additional District and Sessions Judge, Bagalkote sitting at Jamakhandi (for short, ‘the first appellate Court’) in R.A.No.5061/2021 clubbed with R.A.No.5070/2021. - 3 - HC-KAR NC: 2025:KHC-D:11432 RSA No. 101556 of 2022 2. The parties are referred to as per their rank before the trial Court. 3. The brief facts leading to filing of this appeal are that plaintiff No.1 is the mother and plaintiffs No.2 to 4 and defendants are her children. It is the case of plaintiffs that plaintiffs No.2 to 4 and defendant No.1 being the children of plaintiff No.1 and one Ningappa Kagi, succeeded to the suit properties. After the demise of Ningappa Kagi, plaintiffs have 4/5th share in the suit schedule properties. The plaintiffs have executed a ‘General Power of Attorney’ (GPA) in favour of defendant No.1, who has alienated the suit schedule properties. However, since he has not given them their share of the consideration amount, they have revoked the GPA, that defendant No.1 has no right to alienate the suit properties. Hence, plaintiffs have filed the suit for partition. 4. The defendants have entered appearance through their counsels. Defendant No.1 has not filed any written statement. But defendants No.2 and 3, who are the purchasers of the properties have filed a written statement denying the case of plaintiffs. It is further contended by said defendants that - 4 - HC-KAR NC: 2025:KHC-D:11432 RSA No. 101556 of 2022 plaintiffs and defendant No.1 alienated item Nos.1 and 2 properties by a registered Sale Deed dated 28.09.2016 in favour of defendant No.2 and defendant No.2 has sold property item No.2 in favour of defendant No.3 by a registered Sale Deed dated 29.08.2017. The sale transactions have been made by the plaintiffs and defendant No.1, pursuant to the GPA executed by the plaintiffs in favour of defendant No.1 and hence, alienation made by the defendants is just and proper. Hence, defendants sought for dismissal of the suit. 5. Based on the pleadings of the parties, the trial Court has framed 08 issues. To substantiate the case of plaintiffs, plaintiff No.2 examined himself as P.W.1 and marked 13 documents as Ex.P.1 to Ex.P.13. Defendant No.2 examined himself as D.W.1 and marked three documents as Ex.D.1 to Ex.D.3. After hearing arguments of both sides, the trial Court has decreed the suit of plaintiffs in part declaring that plaintiffs and defendant No.1 that they are entitled for 1/5th share each in all the suit properties except suit Item nos.1 and 2 of ‘B’ schedule by metes and bounds. Suit against defendants No.2 and 3 in respect of suit Item No.1 plot no.34 and suit item No.2 plot - 5 - HC-KAR NC: 2025:KHC-D:11432 RSA No. 101556 of 2022 No.35 of ‘B’ schedule was dismissed with costs. Being aggrieved, the said Judgment and Decree, plaintiff No.1 preferred R.A.No.5070/2021 and defendant No.1 preferred R.A.No.5061/2021. The first appellate Court has dismissed both appeals and confirmed the Judgment and Decree passed by the trial Court. 6. It is brought to the notice of this Court that one Smt.Rukmawwa W/o.Ningappa Kagi, who is plaintiff No.1 in original suit, had filed an appeal before this Court in RSA.No.100134/2024 and the same came to be dismissed by this Court vide Judgment dated 30.05.2024. A copy of said Judgment dated 30.05.2024 is also produced. 7. A perusal of material placed before this Court, clearly discloses that there are no materials to show that GPA executed by the plaintiffs in favour of defendant No.1 has been revoked prior to the sale in question. Both Courts have properly appreciated the evidence on record in accordance with law and facts. - 6 - HC-KAR NC: 2025:KHC-D:11432 RSA No. 101556 of 2022 8. I do not find any error, illegality or infirmity in the impugned Judgment and Decree passed by both Courts. No substantial question of law arises for consideration. Hence, I proceed to pass the following : ORDER Appeal is dismissed. Registry is directed to send a copy of this order to the concerned courts. In view of dismissal of the appeal, pending applications, if any shall also stand disposed off. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 7