- 1 - HC-KAR NC: 2025:KHC-D:15366-DB RFA No. 100176 of 2025 C/W RFA No. 100494 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100176 OF 2025 (DEC/PAR) C/W REGULAR FIRST APPEAL NO. 100494 OF 2025 IN RFA NO.100176 OF 2025: BETWEEN: SMT. SUDHA W/O. SHRINIVAS BAGEWADI, AGE: 62 YEARS, OCC: ANGANAWADI WORKER AND AGRICULTURE, R/O. CHIKKAMUNAVALLI-591112, TQ: KHANAPUR, DIST: BELAGAVI. …APPELLANT (BY SRI. G.B.NAIK AND SMT. P.G.NAIK, ADVOCATES) AND: 1. SMT. HEMA W/O. PRABHAKAR BOTHE, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. ‘KRISHNACHARAN’, SHRIRAM NAGAR, MUTAGA VILLAGE-591124, TQ AND DIST: BELAGAVI. 2. SMT. PREMA W/O. VENKATESH KULKARNI, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. A-18, INDAL NAGAR, SHINDOLLI VILLAGE-591124, TQ. AND DIST: BELAGAVI. 3. SHRI. RAMESH S/O. DATTATRAY BAGEWADI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. CHIKKAMUNAVALLI-591112, TQ: KHANAPUR, DIST: BELAGAVI. …RESPONDENTS (BY SMT. TRUPTI P.SADEKAR AND SRI. P.K.BOTHE, ADVOCATES FOR R1; SRI. SANTOSH B.RAWOOT, ADVOCATE FOR R2; SMT. S.V.DESHPANDE, ADVOCATE FOR R3) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.12 10:12:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15366-DB RFA No. 100176 of 2025 C/W RFA No. 100494 of 2025 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2024 PASSED IN O.S.NO.140/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KHANAPUR, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, PARTITION AND SEPARATE POSSESSION AND ETC. IN RFA NO.100494 OF 2025: BETWEEN: SMT. SUDHA W/O. SHRINIVAS BAGEWADI, AGE: 62 YEARS, OCC: ANGANWADI WORKER AND AGRICULTURE, R/O. CHIKKAMUNAVALLI-591112, TQ: KHANAPUR, DIST: BELAGAVI. …APPELLANT (BY SRI. NAIK GURUNATH BHIMAPPA, SRI. NIKHIL G.NAIK, SRI. GIRISH G.L. AND SMT. P.G.NAIK, ADVOCATES) AND: 1. SMT. HEMA W/O. PRABHAKAR BOTHE, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. ‘KRISHNACHARAN’, SHRIRAM NAGAR, MUTAGA VILLAGE-591124, TQ: AND DIST: BELAGAVI. 2. SMT. PREMA W/O. VENKATESH KULKARNI, AGE: 63 YEARS, OCC: HUOSEHOLD WORK, R/O. A-18, INDAL NAGAR, SHINDHOLLI VILLAGE-591124, TQ. AND DIST: BELAGAVI. 3. SHRI. RAMESH S/O. DATTATRAY BAGEWADI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. CHIKKAMUNAVALLI-591112, TQ: KHANAPUR, DIST: BELAGAVI. …RESPONDENTS (BY SRI. TRUPTI P.SADEKAR, ADVOCATE FOR R1; SRI. SANTOSH B.RAWOOT, ADVOCATE FOR R2; SMT. S.V.DESHPANDE, ADVOCATE FOR R3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC PRAYING THAT THE ORDER AND DECREE DATED 20.08.2025 PASSED IN FDP NO.15/2024 BY THE SENIOR CIVIL JUDGE AND JMFC, KHANAPUR IN RESPECT OF AGRICULTURE LANDS BE KINDLY SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:15366-DB RFA No. 100176 of 2025 C/W RFA No. 100494 of 2025 THESE REGULAR FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) These two Regular First Appeals are filed at the hands of defendant No.2, one being aggrieved of the judgment and decree dated 20.04.2024 passed in O.S.No.140/2021 on the file of the learned Senior Civil Judge and JMFC, Khanapur, and the other being aggrieved of the order of the final decree dated 20.08.2025 passed in FDP No.15/2025 by the Senior Civil Judge and JMFC, Khanapur. 2. Learned counsels for the respondents would jointly submit that insofar as the grievance of the appellant/defendant No.2 that although 1/4th share is ordered by the trial court, nevertheless, the trial court accepted the report submitted by the Court Commissioner dividing the properties only into three shares, therefore, - 4 - HC-KAR NC: 2025:KHC-D:15366-DB RFA No. 100176 of 2025 C/W RFA No. 100494 of 2025 learned counsels would submit that the said order and decree dated 20.08.2025 passed in FDP No.15/2024 may be set aside. Similarly, learned counsels for the respondents would jointly submit that it is the contention of the appellant/defendant No.2 that the judgment and decree passed in O.S.No.140/2021 is an ex-parte judgment passed without affording sufficient opportunity to defendant No.2. Learned counsels for the respondents would further add that, it is now contended by the appellant/defendant No.2 that there are certain other properties which are not included in the suit schedule, and therefore, the learned counsels would submit that on an application to be filed by the appellant/defendant No.2, the said properties may be included in the suit schedule and the plaintiffs and other defendants will not have any objection for the same. 3. Learned counsel for the appellant/defendant No.2 submits that appellant would be satisfied if other properties which are left out from the suit schedule are added into the suit schedule. - 5 - HC-KAR NC: 2025:KHC-D:15366-DB RFA No. 100176 of 2025 C/W RFA No. 100494 of 2025 4. Heard the learned counsel for the appellant/defendant No.2, learned counsels for the respondents and perused the appeal memos. 5. This court finds that in paragraph 7 in RFA No.100176/2025, the appellant/defendant No.2 has stated that the plaintiff has failed to include the properties bearing R.S.Nos.141/7 and 141/2B/1 in the suit schedule. Learned counsel for the respondents who are the learned counsel for the plaintiff and other respondents have clearly stated that these two properties may also be included in the suit schedule and in terms of the judgment and preliminary decree passed by the trial court, these properties may also be divided into four shares and 1/4th share as directed by the trial court will be the entitlement of each of the parties to the proceedings. 6. In that view of the matter, both the appeals stand disposed of while setting aside the order and decree dated 20.08.2025 passed in FDP No.15/2024 on the file of - 6 - HC-KAR NC: 2025:KHC-D:15366-DB RFA No. 100176 of 2025 C/W RFA No. 100494 of 2025 the Senior Civil Judge and JMFC, Khanapur while including the two properties as mentioned hereinabove. Defendant No.2 shall give complete description of the two properties which shall be included in the suit schedule and the final decree proceedings may proceed accordingly while considering the two additional immovable properties included in the suit schedule, in terms of the directions issued by this court. 7. The parties are directed to appear before the trial court on 08.12.2025 in FDP No.15/2024, without waiting for further notice. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:VH List No.: 1 Sl No.: 12