- 1 - HC-KAR NC: 2025:KHC-D:14230 RFA No. 100058 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 100058 OF 2025 (DEC/INJ) BETWEEN: SMT. SHARADA W/O. GURUPUTRAPPA KAMMAR, AGE: 75 YEARS, OCC: HOUSEHOLD WORK, RESIDENT OF VIDYANAGAR, HUBBALLI -580031. …APPELLANT (BY SRI. A.A.KALEBUDDE, ADVOCATE) AND: 1. SMT. SAROJA DEVI W/O. BASAVARAJ MARIHAL, AGE: 82 YEARS, OCC: HOUSEHOLD AND SOCIAL SERVICE, R/O. KITTUR, TQ: BAILHONGAL, DIST: BELAGAVI. 2. SHRI. RACHAPPA URF SACHIN S/O. VIRUPAXAPPA MARIHAL, AGE: 43 YEARS, OCC: AGRICULTURIST, R/O. SOMAWARPETH, KITTUR, DIST: BELAGAVI. 3. SHRI. MAHANTESH S/O. NAGAPPA GAJAPATI AGE: MAJOR, OCC: BUSINESS, R/O. HUBBALLI ONI, KITTUR, TQ: KITTUR, DIST: BELAGAVI. …RESPONDENTS (BY SRI. C.S.SHETTAR, ADVOCATE FOR R3; NOTICE TO R2 IS SERVED) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14230 RFA No. 100058 of 2025 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC 1908, PRAYING TO ALLOWING THE APPEAL BY SETTING ASIDE IMPUGNED JUDGMENT AND PRELIMINARY DECREE TO THE EFFECT THAT THE APPELLANT IS NOT ENTITLED THE SHARE IN SUIT SCHEDULE PROPERTY BEARING NO.32/1, 32/2, AND 32/3 OF NICHANKI VILLAGE AS DESCRIBED IN AMENDED PLAINT AT SL.NO.B OF PARA NO.4 AND ALSO NOT ENTITLED IN HALF SHARE IN OPEN SITE BEARING NO.1658 AND 1657 AND GRANT THE LEGITIMATE SHARE IN THE ABOVE SAID PROPERTY PASSED IN OS NO. 80/2012 DATED 20.12.2024 TO MEET THE ENDS OF JUSTICE. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the plaintiff-appellant submits that the suit is filed for the relief of declaration of title and injunction. 2. The plaintiff claims that the alleged Will in favour of the defendant, her step mother alleged to have been executed by her father is null and void. 3. The suit is decreed in part holding that the plaintiff is having half share and Will is declared to be not proved. - 3 - HC-KAR NC: 2025:KHC-D:14230 RFA No. 100058 of 2025 4. The plaintiff is before this Court challenging the said judgment and decree to the extent of rejected claim. 5. It is submitted that defendant No.1, the step mother of the plaintiff died and she is issueless. It is further submitted that defendant No.1 has sold portion of the suit property to defendants No.2 and 3 and the plaintiff does not wish to prosecute the case against defendants No.2 and 3 and she has filed a memo to that effect. 6. Memo is taken on record. Appeal against defendants No.2 and 3 is dismissed as abated. Since it is stated that defendant No.1 died issueless, half share of defendant No.1 which remained unsold would be inherited by the plaintiff as the property originally belonged to the father of the plaintiff. 7. With these observations, appeal is disposed of. 8. The impugned judgment and decree dated 20.12.2024 passed in O.S.No.80/2012 by the Senior Civil - 4 - HC-KAR NC: 2025:KHC-D:14230 RFA No. 100058 of 2025 Judge, Bailhongal are modified as above in view of the subsequent development. 9. It is made clear that this order does not bind, if there is any testamentary heir to defendant No.1 or any other natural heir to defendant No.1. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 1 Sl No.: 2