- 1 - HC-KAR NC: 2025:KHC-D:9925 RFA No. 100380 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100380 OF 2018 (PAR/POS-) BETWEEN: 1. SHRI. GULABSAB S/O MEERASAB HAKKI AGE.65 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 2. SHRI. BABUSAB S/O GULABSAB HAKKI AGE. 50 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 3. SHRI. MEHABOOBSAB S/O GULABSAB HAKKI AGE. 52 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 4. SHRI. ALLISAB S/O GULABSAB HAKKI AGE. 57 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. …APPELLANTS (BY SRIYUTHS. A.S PATIL & SABEEL AHMED, ADVS) AND: 1. SMT. JINDABI W/O HASANSAB MULLA AGE. 37 YEARS, OCC. AGRICULTURE R/O. NAGANUR, TQ. RAMDURG-591123, DIST. BELAGAVI. 2. SHRI. SHABBIR S/O MAHABOOBSAB HAKKI AGE. 35 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 3. SHRI. RAMJAN S/O SHAMANSAB HAKKI AGE.45 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 4. SHRI. MEERASAB S/O SHAMANSAB HAKKI AGE.48 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 5. SMT. BEEBIJAN S/O ALLISAB MULTANI AGE.45 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. VINAYAKA B V Digitally signed by VINAYAKA B V Date: 2025.08.11 16:03:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9925 RFA No. 100380 of 2018 6. SHRI. BADSHAH S/O NASRUDDIN HAKKI AGE. 50 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 7. SMT. NABIRABI LADKHAN MULTANI AGE. 43 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 8. SHRI. VILAS NASRUDDIN HAKKI AGE.52 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 9. SMT. MOBBAT RASULSAB MULTANI AGE. 41 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 10. SHRI. RAJU NASRUDDIN HAKKI AGE. 53 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 11. SMT. MAHIRAJBI PRADHANSAB MULTANI AGE. 39 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. 12. SHRI. MEERASAB NASRUDDIN HAKKI AGE. 55 YEARS, OCC. AGRICULTURE R/O. KOUJALAGI, TQ. GOKAK-591307, DIST. BELAGAVI. …RESPONDENTS (NOTICE TO R1 TO R12 ARE SERVED) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT & DECREE DTD:11.06.2018 PASSED IN O.S.NO.16/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, TO THE EXTENT OF THE FINDINGS RECORDED ON ADDITIONAL ISSUE NO.2 AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9925 RFA No. 100380 of 2018 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Regular First Appeal is filed by the appellants, challenging the finding recorded on additional issue No.2, in O.S.No.16/2013 dated 11.06.2018 by the learned I Additional Senior Civil Judge, Gokak. 2. Respondent Nos.1 and 2 filed a suit in O.S.No.16/2013 for the relief of partition and separate possession regarding the suit schedule properties. The said suit was contested by the appellants by filing a written statement. The trial court framed the issues, and after recording the evidence, dismissed the suit vide judgment dated 11.06.2018. The trial court answered additional issue No.2 in the negative. The appellants, aggrieved by the finding recorded by the trial court on additional issue No.2 have filed this Regular First Appeal. 3. The appeal filed by the appellants challenging the finding recorded by the trial court, on additional issue - 4 - HC-KAR NC: 2025:KHC-D:9925 RFA No. 100380 of 2018 No.2 is not maintainable, in view of the proposition of law laid down by this Court in the case of M. KRISHNAPPA SMT. LAKSHMAMMA AND OTHERS reported in 1998 (6) KAR.L.J 656 wherein it is held that, no appeal lies against the mere finding of the court for simple reason that the code does not provide filing such appeal. An appeal lies only against a decree or as against an order passed under rules from which an appeal is expressly allowed by under Order XLIII Rule 1 of the Code of Civil Procedure. 4. Admittedly, in the instant case, the appellants, aggrieved by the finding recorded by the trial court on additional issue No.2, have filed this appeal. The appeal filed by the appellants is not maintainable. 5. Accordingly, the appeal is dismissed, as not maintainable. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 6