- 1 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100453 OF 2024 (PAR/POS) BETWEEN: SMT. KUSUMAVATI W/O NAGARAJ PYATAPPANAVAR, AGE: 75 YEARS, OCC: HOUSEHOLD, R/O: HOOVINAHADAGALI, TQ: HOOVINAHADAGALI, DIST: VIJAYA NAGAR-583 219, REP. BY GPA SRI. SANTHOSH S/O NAGARAJ PYATAPPANAVAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: HOOVINAHADAGALI, TQ: HOOVINAHADAGALI, DIST: VIJAYA NAGAR-583 219. … APPELLANT (BY SRI MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE.) AND: 1. SMT. PRAFULLA W/O ARJUN RAVALASHETTY, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: #1785/25, 7TH MAIN, 14TH CROSS, SIDDAVEERAPPA BADAVANE, DAVANAGERE-577 004. 2. SMT. AKSHATA W/O MAHAVEER JAIN, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O: 63, 72ND MAIN ROAD, 42 CROSS, MURARJI NAGAR, GOKUL ROAD, HUBBALLI-580 030. SMT. VAJRAVATI W/O SHRIPALAPPA RAVALASHETTY, (DELETED AS DEAD). MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.08.14 12:07:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 PRAVEEN S/O BUJABALI KUSHANNAVAR, (DELETED AS DEAD). 3. SMT. VIMALA W/O RAJENDRA RAVALASHETTY, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: JAIN GALLI, TQ: KALAGHATAGI, DIST: DHARWAD-581 204. 4. RANJITA D/O RAJENDRA RAVALASHETTY, AGE: 32 YEARS, OCC: HOUSEHOLD, R/O: JAIN GALLI, TQ: KALAGHATAGI, DIST: DHARWAD-581 204. 5. SANDESH S/O ARJUN RAVALASHETTY, AGE: 35 YEARS, OCC: MANAGER AT HDFC BANK, R/O: KESHWAPUR, TQ: HUBBALLI, DIST: DHARWAD-580 023. … RESPONDENTS (BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE FOR R2; R3 – NOTICE SERVED; R1, R4 AND R5 – SERVICE OF NOTICE HELD SUFFICIENT.) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.12.2023, PASSED IN O.S.NO.72/2022, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC KALAGHATAGI AND FURTHER IT IS PRAYED THAT THE SUIT OF THE PLAINTIFFS/RESPONDENT NO.1 AND 2 MAY KINDLY BE DISMISSED WITH COST AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by defendant No.4 questioning the judgment and decree dated 19.12.2023, passed by the - 3 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 Senior Civil Judge and JMFC, Kalaghatagi, in O.S.No.72/2022, thereby, the suit is decreed in respect of all the properties. 2. The grievance of the appellant is only in respect of decreeing the suit insofar as entitling the plaintiff to get compensation awarded in respect of Sl.No.1 of the schedule property. 3. Heard the arguments of learned counsels for both the sides and perused the trial Court records and the appeal papers. 4. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court. 5. Brief facts could be seen in this way that the plaintiffs have filed suit for partition and claiming 1/12th share each in the suit schedule A and B properties by metes and bounds. The defendants have filed the written statement. Defendants No.2 to 4 and 6 remained exparte - 4 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 before the trial Court in the suit. The suit was decreed by granting plaintiffs 1/9th share each in respect of the suit properties including the share in the compensation amount awarded in respect of Sy.No.1 in suit schedule A property. 6. The only grievance in this appeal is to the effect that the decreeing of suit in respect of the compensation amount on acquiring the land to the extent of 03 acres 21 guntas in Sy.No.24. 7. Both the learned advocates have stated that item No.1 of suit schedule A property, agricultural land bearing R.S.No.24 was totally measuring 06 acres 18 guntas, out of which 03 acres 21 guntas was acquired by the State Government for public purpose and defendant No.1 has received the said compensation amount; after receipt of compensation amount, defendant No.1 died. Then, only the land remaining is 02 acres 37 guntas. Accordingly it is shown in the suit schedule item No.1 of suit schedule A property. - 5 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 8. Now the only grievance is that defendant No.1 has received compensation amount and she died, but the suit is decreed to the extent of 06 acres 18 guntas. But item No.1 of suit schedule A property is only 02 acres 37 guntas. Therefore, considering this, if decree is granted, for awarding share of compensation, according to the submission made by the learned counsels appearing for the parties, it is not executable since the defendant No.1 has already received the compensation and later on died. Therefore, the judgment and decree is liable to be modified only to the extent that the plaintiffs and defendants are not entitled to any share in the compensation amount received for acquisition of 03 acres 21 guntas in Sy.No.24 of Bendigeri village. The judgment and decree of the trial Court is liable to be confirmed so far as the other properties, including the quantum of share is concerned. 9. Other than this, there is no requirement to interfere in the other parts of the judgment of the trial - 6 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 Court. Therefore, the appeal is liable to be allowed without remanding to the trial Court for the reason that if the matter is remanded, the same would be the result. Therefore, in order to put an end to the litigation between the parties, only in respect of decreeing the suit of entitling share in the compensation amount is interfered with and set aside. In respect of other properties and observations and findings are kept intact. 10. Hence, I proceed to pass the following: ORDER i) The appeal is allowed in part. ii) The judgment and decree dated 19.12.2023, passed by the Senior Civil Judge and JMFC, Kalaghatagi, in O.S.No.72/2022, is modified by setting aside the decree in the portion that the plaintiffs are entitled to share in the compensation amount awarded in respect of the land bearing Sy.No.24 to the extent of 03 acres 21 guntas, which is acquired by the State Government. - 7 - HC-KAR NC: 2025:KHC-D:9031 RFA No. 100453 of 2024 iii) All other observations and findings and quantum of share is concerned, the judgment and decree of the trial Court is confirmed. iv) No order as to costs. v) Draw modified decree accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT:BCK LIST NO.: 1 SL NO.: 29