- 1 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100241 OF 2019 (DEC/INJ-) C/W REGULAR FIRST APPEAL NO. 100060 OF 2019 REGULAR FIRST APPEAL NO. 100175 OF 2019 RFA CROSS OBJ NO. 100020 OF 2023 IN RFA NO.100241/2019 (DEC/INJ-) BETWEEN: SADASHIV S/O. FAKIRAPPA TELI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. SAIDAPUR GALLI, MUDHOL, DIST: BAGALKOT-587101. …APPELLANT (BY SRI. K.L. PATIL & SRI. S.A. SONDUR, ADVOCATES) AND: 1. KUMARI. SHILPA D/O. MUTTURAJ @ MUPAYYA MUCHAKHANDI, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. GANIGER GALLI, MUDHOL, DIST: BAGALKOT-587101. 2. SMT. ANNAWWA W/O. BASAPPA TELI, AGE: 69 YEARS, OCC: BUSINESS, R/O. WARD NO.3, GANIGER GALLI, MUDHOL, DIST: BAGALKOT-587101. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 3. SMT. SUREKHA W/O. PARASHURAM HATTI, AGE: 42 YEARS, OCC: OIL BUSINESS, R/O. WARD NO.3, GANIGER GALLI, MUDHOL, DIST: BAGALKOT-587101. …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R1; SRI. S.S. PATIL, ADVOCATE FOR R3; NOTICE TO R2 SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 1 OF CPC PRAYING TO CALL FOR RECORDS, ADMIT THE APPEAL AND SET ASIDE THE FINDING IN SO FAR AS ISSUE NO.1 IN O.S. NO.121/2016 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, MUDHOL, DATED 09.01.2019 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN RFA NO. 100060/2019 BETWEEN: 1. SMT. MAHANANDA @ SUVARNA W/O. MUTTURAJ @ MAYAPPA MUCHAKHANDI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: NANDESHWARA NAGAR, VIDYAGIRI, BAGALKOTI-587103. 2. SMT. MAHADEVI W/O. SIDDAPPA KOTI, AGE: 58 YEARS, OCC: AGRICULTURE, SECTOR 54, PLOT NO.24, NAVANAGAR, BAGALKOT-587103. 3. ANIL S/O. SHRISHAIL TELI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: WARD NO.3, GANIGER GALLI, MUDHOL-587301. …APPELLANTS (BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 AND: 1. SMT. ANNAWWA W/O. BASAPPA TELI, AGE: 67 YEARS, OCC: OIL BUSINESS, R/O: WARD NO.3, GANIGER GALLI, MUDHOL, DIST BAGALKOT-587313. 2. SMT. SUREKHA W/O. PARSHURAM HATTI, AGE: 40 YEARS, OCC: OIL BUSINESS, R/O: WARD NO.3, GANIGER GALLI, MUDHOL, DIST. BAGALKOT-587313. 3. THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, ALAMATTI. …RESPONDENTS (BY SRI. S.S. PATIL & SRI. MAHANTESH PATIL, ADVOCATES FOR R1 & R2; SRI. ASHOK T. KATTIMANI, GOVT. ADVOCATE FOR R3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC 1908 PRAYING TO ALLOW THE PRESENT APPEAL FILED BY THE APPELLANTS AND DECREE THE APPELLANT’S SUIT IN O.S. NO.122/2016, WITH COSTS ALL THROUGHOUT IN FAVOUR OF THE APPELLANT AND AGAINST THE RESPONDENT AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 8/1/2019 PASSED BY ADDL. SENIOR CIVIL JUDGE & JMFC, MUDHOL. IN RFA NO. 100175/2019 BETWEEN: KUMARI SHILPA D/O. MUTTURAJ @ MUPAYYA MUCHKHANDI AGE: 24 YEARS, OCC: AGRICULTURE, R/O. GANIGER GALLI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. …APPELLANT (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 AND: 1. SMT. ANNAWWA W/O. BASAPPA TELI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: WARD NO.3, GANIGER GALLI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 2. SMT. SUREKHA W/O. PARASHURAM HATTI, AGE: 41 YEARS, OCC: OIL BUSINESS, R/O: GANIGER GALLI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. …RESPONDENTS (BY SRI. S.S. PATIL & SRI. MAHANTESH R. PATIL, ADVOCATES FOR R1 & R2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96(1) READ WITH ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.01.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL IN O.S.NO.121/2016 IN SO FAR AS IT RELATES TO DISMISSING THE SUIT OF THE APPELLANT ON THE GROUND THAT THE TRIAL COURT DOES NOT HAVE JURISDICTION TO ENTERTAIN THE SUIT IS CONCERNED; ALLOW THE APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT FILED BY THE APPELLANT IN O.S.NO.121/2016 AND ETC. IN RFA CROB NO. 100020/2023 BETWEEN: 1. SMT. ANNAWWA W/O. BASAPPA TELI, AGE: 72 YEARS, OCC: OIL BUSINESS, R/O. WARD NO.3, GANEGER GALLI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. 2. SMT. SUREKHA W/O. PARASHURAM HATTI, AGE: 45 YEARS, OCC: OIL BUSINESS, R/O. WARD NO.3, GANEGER GALLI, MUDHOL, - 5 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 TQ: MUDHOL, DIST: BAGALKOT-587313. …CROSS OBJECTORS (BY SRI. S.S. PATIL & SRI. MAHANTESH R. PATIL, ADVOCATES) AND: KUMARI SHILPA D/O. MUTTURAJ @ MUPAYYA MUCHKHANDI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O. GANIGER GALLI, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587313. …RESPONDENT (BY SRI. SHIVARAJ BALLOLI, ADVOCATE) THIS RFA CROB. IN RFA NO.100175/2019 FILED UNDER ORDER 41 RULE 22 OF CPC PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE OBSERVATION MADE IN THE JUDGMENT AND DECREE DATED 09.01.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, IN O.S.NO.121/2016, IN SO FAR AS IT RELATES TO OBSERVATION MADE ON THE ALLEGED GIFT DEED DATED 20/10/2014 ALLEGED TO HAVE BEEN MADE IN THE NAME OF PLAINTIFF, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS AND CROSS OBJECTION COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 6 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) The appeals in RFA No.100241/2019, RFA No.100175/ 2019 and RFA Crob.No.100020/2023 arise out of the judgment and decree dated 09.01.2019 in O.S.No.121/2016 passed by the learned Senior Civil Judge and JMFC, Mudhol and the appeal in RFA No.100060/2019 arise out of the judgment and decree dated 08.01.2019 in O.S.No.122/2016 passed by the learned Additional Senior Civil Judge and JMFC, Mudhol. 2. Heard the learned counsel appearing for the parties in the appeal and the cross-objection and perused the material on record. 3. Learned counsel for all the parties jointly submits in unison that insofar as suit schedule properties, which are subject matter of the present appeals and cross-objection are in between the same parties and there are other litigations including O.S.No.246/2022, O.S.No.410/2016 and O.S.No.83/ 2017, which are pending adjudication before the different trial - 7 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 Courts. It is jointly submitted by the learned counsel for all the parties, on instructions, that having regard to the commonality of the issues involved between the parties and the subject matter of all the five suits referred to supra including two suits, which are subject matter of the present appeals and cross- objections, without prejudice to their rights and contentions, the impugned judgments and decrees passed in O.S.No.121/2016 and O.S.No.122/2016 may be set aside and the matters may be remitted back to the trial Court to be consolidated, clubbed, tried and disposed of by one single Court along with aforesaid three suits pending before the respective trial Courts. 4. It is also jointly submitted by all the learned counsel that in the instant suits in O.S.No.121/2016, O.S.No.122/2016, O.S.No.410/2016 and O.S.No.83/2017 may be directed to be clubbed, consolidated and disposed of along with O.S.No.246/2022 by treating the said suit as a lead/main case by keeping open all contentions. - 8 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 5. The details of the Trial Courts, which passed the impugned judgments and decrees and the courts before which the three remaining suits are pending are as under: Sl.No. Case No. Name of the Court 1. O.S.No.121/2016 Principal Senior Civil Judge and JMFC, Mudhol. 2. O.S.No.122/2016 Additional Senior Civil Judge and JMFC, Mudhol. 3. O.S.No.246/2022 Principal Senior Civil Judge and JMFC, Mudhol. 4. O.S.No.410/2016 Additional Senior Civil Judge and JMFC, Mudhol 5. O.S.No.83/2017 Principal Senior Civil Judge and JMFC, Mudhol. 6. Learned counsel for all the parties jointly submits, on instructions, yet again that all of them do not have any objections for O.S.No.122/2016, O.S.No.410/2016 to be withdrawn and transferred to the Court of the Principal Senior Civil Judge, Mudhol to be clubbed, consolidated and disposed of with O.S.No.121/2016, O.S.No.246/2022 and O.S.No.83/2017 - 9 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 pending before the Principal Senior Civil Judge and JMFC, Mudhol. 7. In view of the aforesaid facts and circumstances and the joint submissions made by both the sides, we deem it just and appropriate to exercise the power conferred upon us under Sections 24 and 107 of the Code of Civil Procedure, 19081 read with Order XLI Rule 33 and 23(A) of CPC as well as Article 227 of the Constitution of India and set aside the impugned judgments and decrees passed in O.S.No.121/2016 and O.S.No.122/2016 and remit the matters back to the Trial Court for disposal for re-consideration afresh in accordance with law by issuing certain directions in this regard. 8. Hence, the following: ORDER i) The RFA No.100175/2019, RFA No.100241/ 2019, RFA No.100060/2019 and RFA Crob. No.100020/2023 are hereby allowed and the impugned judgment and decree dated 09.01.2019 in O.S.No.121/2016 passed by the learned Senior Civil Judge and JMFC, 1 Hereinafter referred to as ‘CPC’ - 10 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 Mudhol and the judgment and decree dated 08.01.2019 in O.S.No.122/2016 passed by the learned Additional Senior Civil Judge and JMFC, Mudhol are hereby set aside and matters are remitted back to the Trial Court for re-consideration afresh in accordance with law. ii) The Registry of the Trial Court shall withdraw O.S.No.122/2016 and O.S.No.410/2016 from the Court of the Additional Senior Civil Judge and JMFC, Mudhol and transfer the same to the Court of Principal Senior Civil Judge and JMFC, Mudhol to be clubbed, consolidated, tried and disposed of along with O.S.No.121/2016, O.S.No.83/2017 and O.S.No.246/2022 in accordance with law. iii) The court of the Principal Senior Civil Judge and JMFC, Mudhol shall treat O.S.No.246/2022 as the lead/main case and dispose of the same in accordance with law. iv) All the parties undertake to appear before the Trial Court in O.S.No.246/2022, which is said to be posted before the Trial Court on 13.08.2025. - 11 - HC-KAR NC: 2025:KHC-D:9424-DB RFA No. 100241 of 2019 C/W RFA No. 100060 of 2019 RFA No. 100175 of 2019 RFA CROB No. 100020 of 2023 v) Liberty is reserved in favour of the parties to lead evidence, additional evidence and do all other acts, deeds and things necessary for the purpose of expeditious disposal of the suits. vi) All rival contentions of the parties and all aspects of the matter are kept open and no opinion is expressed on the merits or demerits of the rival contentions of the parties. vii) The parties shall co-operate with the Trial Court for expeditious disposal of the suits. viii) In view of disposal of the appeals and cross- objection, all pending interlocutory applications do not survive for consideration and are disposed of. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 39