- 1 - HC-KAR NC: 2025:KHC-D:11311 RSA No. 100476 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100476 OF 2018 (INJ) BETWEEN: SRI. MOHAMMADAGOUSE RAJESAB JAKATI AGE: 62 YEARS, OCC: PRIVATE SERVICE, R/O. OPPOSITE A.I.R DHARWAD, COURPALIS COMPOUND, TQ. AND DIST: DHARWAD. …APPELLANT (BY SRI. SHIVASAI M. PATIL, ADVOCATE) AND: SMT. GOHARJHAN D/O. HAJARATSAB SAVANUR AGE: 65 YEARS, OCC: RETIRED, R/O. A.I.R DHARWAD, COURPALIS COMPOUND, TQ. AND DIST:DHARWAD. …RESPONDENT (BY SRI. VG. BHAT, ADVOCATE FOR C/R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.06.2018, PASSED BY THE PRL. SENIOR CIVIL JUDGE AND C.J.M DHARWAD IN R.A. NO.16/2016 AND CONFIRMED JUDGMENT AND DECREE DATED 15.12.2015, PASSED BY THE III ADDL. CIVIL JUDGE (JR. DN) AND JMFC. COURT, DHARWAD AT DHARWAD IN O.S.NO.1103/2008 IN THE INTEREST OF JUSTICE AND EQUITY. CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11311 RSA No. 100476 of 2018 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the learned counsel for the appellant and the learned counsel for the respondent on the question of admission. 2. The appellant, who is defendant No.1 in O.S.No.1103/2008, has preferred this appeal against the judgment and decree passed in R.A. No.16/2016 on the file of the Principal Senior Civil Judge and CJM, Dharwad, dated 14.06.2018. 3. A perusal of the common judgment passed in O.S.Nos.1154/2008 and 1103/2008 reveals that the present appellant, Mohammadagouse Rajesab Jakati, who was plaintiff No.1 in O.S. No.1154/2008, along with eight other plaintiffs, filed a suit for declaration and consequential relief of possession against Smt. Goharjhan, D/o Hajaratsab Savanur, and two others. - 3 - HC-KAR NC: 2025:KHC-D:11311 RSA No. 100476 of 2018 4. Smt. Goharjhan, D/o Hajaratsab Savanur, who is the respondent in this case, filed O.S. No.1103/2008 against the present appellant and others for permanent injunction. The trial Court disposed of both suits by a common judgment. The operative portion of the judgment reads as under: “ORDER The suit of the plaintiff in O.S.No.1154/2008 is hereby dismissed with liberty to file another suit on the same cause of action after impleading all the parties of O.S.No.156/1994. The suit of the plaintiff in O.S.No.1103/2008 is hereby dismissed with cost. Draw decree accordingly.” 5. Being aggrieved by the judgment and decree passed in O.S. No.1103/2008, Smt. Goharjhan D/o Hajaratsab Savanur, who is the respondent in the present appeal, preferred an appeal in R.A. No.16/2016 before the Principal Senior Civil Judge and CJM, Dharwad. The said appeal came to be allowed. Consequently, the judgment - 4 - HC-KAR NC: 2025:KHC-D:11311 RSA No. 100476 of 2018 and decree passed by the III Additional Civil Judge (Jr. Dn.) and JMFC, Dharwad, in O.S.No.1103/2008 dated 15.12.2015 was set aside, and the suit of the plaintiff was decreed with cost. By means of the said decree, the defendants and their authorized persons were permanently restrained from interfering with the plaintiff’s possession of the suit schedule property, except by taking recourse to due process of law. 6. Being aggrieved by the judgment and decree passed in R.A. No.16/2016 dated 14.06.2018, the present appellant has preferred this Regular Second Appeal on 03.07.2018. 7. Today, the learned counsel for the respondent, Sri.V.G. Bhat, submits that he has not challenged the judgment and decree passed by the trial Court. Instead, the present appellant, Mohammadagouse Rajesab Jakati, has filed a suit in O.S. No.675/2019 before the Principal Civil Judge and JMFC, Dharwad, against Smt. Goharjhan D/o Hajaratsab Savanur for partition. - 5 - HC-KAR NC: 2025:KHC-D:11311 RSA No. 100476 of 2018 8. The learned counsel for the appellant has admitted that the present appellant has filed a suit for possession in respect of the disputed property. Since the appellant himself has filed a suit for possession in O.S. No.675/2019 on the file of the Principal Civil Judge and JMFC, Dharwad, the question of substantial law in this case does not arise. Hence, I proceed to pass the following: ORDER i. The Regular Second Appeal is dismissed. ii. It is made clear that this Court has not expressed any opinion on the merits of the case. iii. Parties are directed to urge all the grounds before the Principal Civil Judge and JMFC, Dharwad. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 42