- 1 - HC-KAR NC: 2025:KHC-D:15060 RSA No. 100506 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100506 OF 2021 (PAR/POS) BETWEEN: 1. RENUKAWWA W/O. HANUMANTHAPPA TALAWAR, AGE: 50 YEARS, OCC. COOLIE, R/O. ANTARAVALLI, TQ. RANEBENNUR, DIST.HAVERI-581115. 2. HONNAVVA D/O. HANUMANTHAPPA TALAWAR @ AKKUR, AGE: 30 YEARS, OCC. HOUSEWIFE, R/O. MAIDUR, TQ. RANEBENNUR DIST. HAVERI-581115. 3. KRISHNAPPA S/O. HANUMANTHAPPA TALAWAR, AGE: 23 YEARS, OCC. JCB DRIVER, R/O. ANTARAVALLI, TQ. RANEBENNUR, NOW R/O. MAIDUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …APPELLANTS (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: 1. HALESH S/O. HANUMANTHAPPA TALAWAR, AGE: 38 YEARS, OCC. AGRICULTURE, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.06 14:27:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15060 RSA No. 100506 of 2021 R/O. ANTARAVALLI, TQ. RANEBENNUR, DIST. HAVERI-581115. 2. KARININGAVVA W/O. HANUMANTHAPPA TALAWAR, AGE: 54 YEARS, OCC. AGRICULTURE, R/O. ANTARAVALLI, TQ. RANEBENNUR, NOW R/O. ITAGI, TQ. RANEBENNUR, DIST.HAVERI-581115. …RESPONDENTS (BY MISS. VINAYA KUPPELUR, ADVOCATE FOR SRI. N.R. KUPPELUR, ADVOCATE FOR R1 AND R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.08.2021 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE, RANEBENNUR IN R.A.NO.07/2021 IN MODIFYING THE FINAL DECREE DATED 01.03.2021 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND I ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS RANEBENNUR IN F.D.P.NO.8/2017 AND MODIFY THE JUDGMENT AND DECREE BY ALLOTTING LEGITIMATE SHARE TO DEFENDANT NO.2 TO 4, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15060 RSA No. 100506 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard learned counsel appearing for the appellants. 2. The appellants are the defendants No.2, 3 and 4 in FDP No. 8/2017, which came to be disposed off on 01.03.2021 by Prl. Civil Judge and I Additional JMFC, Ranebennur and which was modified by the First Appellate Court in R.A.No.7/2021 by II Additional Senior Civil Judge and JMFC, Ranebennur. 3. The grievance of the appellants is that when the defendant No.2- Renukavva was the second wife of Hanumappa, she is also entitled for a share in a partition that would be effected among the first legally wedded wife and children of Hanumappa. It is contented that the First Appellate Court while modifying the final decree, held that the defendant No.2- Renukavva being the second wife of Hanumappa during the lifetime of his first wife Kariningavva, will not be entitled for any share in the partition that may take place in the family. However, the defendants No.3 and 4, who are the children born to the defendant No.2- Renukavva are entitled for the share. - 4 - HC-KAR NC: 2025:KHC-D:15060 RSA No. 100506 of 2021 4. It is pertinent to note that the fact that defendant No.2 is the second wife, during the subsistence of the marriage of the defendant No.1 with Hanumappa is not in dispute. This aspect has been confirmed in the preliminary decree as well as the appeal arising out of it. Therefore, at the time of dividing the suit schedule property, the First Appellate Court held that Renukavvva i.e., the defendant No.2 being the second wife, would not be entitled for a share during the lifetime of Kariningavva. This position of law cannot be found fault with. 5. Learned counsel appearing for the appellants relies on the judgment of this Court in the case of Annapurnavva and Others V/s Parvatevva and Others in RFA Nos.100007/2014 and 100028/2014, wherein, the Division Bench of this Court had granted equal share to the two wives of the propositus. It is not possible to fathom the law which was applicable to the said proposition. Therefore, this Court has to observe that in the facts and circumstances of that case, the share was given to the second wife during the subsistence of the marriage with the first wife. In that view of the matter, no fault can be found with the impugned judgment of the First Appellate Court and therefore, - 5 - HC-KAR NC: 2025:KHC-D:15060 RSA No. 100506 of 2021 the appeal is bereft of any merits. Hence, the appeal is dismissed at the stage of admission. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 24