- 1 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100197 OF 2018 (PAR/POS) BETWEEN: 1. SHRI. BHIMESH @ BHIMASEN S/O. VENKATRAO DESHPANDE, AGE: 74 YEARS, OCC: ADVOCATE, R/O. LAXMI LAYOUT, BEHIND R.N.SHETTY OFFICE, GOKUL ROAD, HUBBALLI-580030. 2. SHRI. SURESH S/O. VENKATRAO DESHPANDE AGE: 72 YEARS, OCC: MEDICAL PRACTITIONER, R/O. ASHOK NAGAR, HUBBALLI-580029, TALUK: HUBBALLI, DIST: DHARWAD. 3. SHRI. RAMESH S/O. VENKATRAO DESHPANDE AGE: 70 YEARS, OCC: NIL, R/O. NO.4, KUMARVYASA NAGAR, HUBBALLI-580029, TALUK: HUBBALLI, DIST: DHARWAD. 4. SHRI. PRAKASH S/O. VENKATRAO DESHPANDE AGE: 65 YEARS, OCC: RETIRED BANK SERVANT, R/O. ASHOK NAGAR, HUBBALLI-580029, TALUK: HUBBALLI, DIST: DHARWAD. …APPELLANTS (BY SRI. S.B.DODDAGOUDAR, ADVOCATE FOR SRI. A.C.CHAKALABBI, ADVOCATE) AND: 1. SHRI. AJIT S/O. HANUMANT DESHPANDE AGE: 59 YEARS, OCC: LAND LORD, R/O. H.NO.429, SHANTI NIKETAN, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 15:20:32 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 BHARIDEVARKOP, HUBBALLI-580025, TQ: HUBBALLI, DIST: DHARWAD. 2. SHRI. ANIL S/O. HANUMANT DESHPANDE AGE: 49 YEARS, OCC: BUSINESS, R/O. NAVANAGAR, BAGALKOT-587103, TQ: AND DIST: BAGALKOT-587103. 3. SHRI. ABHAY S/O. HANUMANTH DESHPANDE AGE: 46 YEARS, OCC: BUSINESS, R/O. H.NO.429, SHANTI NIKETAN, BHAIRIDEVARKOPPA, HUBBALLI-580029, TALUK: HUBBALLI, DISTRICT: DHARWAD. 4. SMT. JAYASHRI W/O. RAMESH GUDI SINCE DECEASED BY HER LR’s ALREADY ON RECORD I.E. RESPONDENTS NO.1 TO 3. 5. SMT. SUDHA R. KULKARNI SINCE DECEASED BY HER LR’s., 5(A). VINAYA S/O. RAMACHANDRA KULAKARNI AGE: 65 YEARS, OCC: RETIRED EMPLOYEE, R/O. 2/23, AMBEDKAR NAGAR, CHUNABHATTI (E), BEHIND RAILWAY STATION, MUMBAI-400022. 6. MR. VASANT S/O. ACHUTRAO DESHPANDE AGE: 83 YEARS, OCC: PRIVATE SERVICE, R/O. NO.7, JAIKRISHNA APARTMENTS, SAUBHAGYTA NAGAR, BEHIND NAKA NO.6, LAM ROAD, NASIK-422101. 7. SMT. PRAMILA V. JAHAGIRDAR AGE: 82 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.10, SHANTI NAGAR, TULANJ ROAD, NALLOSAPARA-(E), DIST: THANE-401209. 8. SHRI. WAMAN S/O. ACHUTRAO DESHPANDE AGE: 74 YEARS, OCC: PRIVATE SERVICE, R/O. 346, "F" BLOCK, RBJ QUARTERS, BOMBAY CENTRAL-400012. 9. SHRI. SANJEEV S/O. RAGHAVEDNRA DESHPANDE SINCE DECEASED BY HIS LR’s., - 3 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 9(A). SHOBHA W/O. SANJEEVA DESHPANDE, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O. SANTHOSH NAGAR NEAR J K SCHOOL, UNKAL ROAD HUBBALLI, DIST: DHARWAD. 9(B). SHRI. RAVI S/O. SANJEEVA DESHPANDE AGE: 47 YEARS, OCC: SERVICE, R/O. SANTHOSH NAGAR NEAR J K SCHOOL, UNKAL ROAD HUBBALLI, DIST: DHARWAD. 9(C). SHRI. NANDKISHOR S/O. SANJEEVA DESHPANDE AGE: 44 YEARS, OCC: SERVICE, R/O. SANTHOSH NAGAR NEAR J K SCHOOL, UNKAL ROAD HUBBALLI, DIST: DHARWAD. 10. SHRI. VASUDEV S/O. RAGHAVENDRA AGE: 67 YEARS, OCC: PRIVATE SERVICE, R/O. ANAND NAGAR ROAD, 1ST CROSS, GANESH NAGAR, OLD HUBBALLI-580024, TALUK: HUBBALLI, DISTRICT: DHARWAD. 11. SMT. SUSHILA B. TALAWAI SINCE DECEASED BY HER LR’s., 11(A). SRI. SUDHEER S/O. BODHRAO TALAWAI AGE: 47 YEARS, OCC: PRIVATE SERVICE, R/O. HEBBALLI KAMATAGI ONI, TALUK AND DIST: DHARWAD. 11(B). SMT. PASMAVATI W/O. SHANKARGOUDA PATIL AGE: 45 YEARS, OCC: HOUSEWIFE, R/O. GOVANAKOPPA, TALUK: BAILHONGAL, DIST: BELGAUM. 11(C). SMT. BHARATI W/O. GOVIND ADAKI AGE: 43 YEARS, OCC: PVT. SERVICE, R/O. KALLOLLI, TALUK: CHIKKODI, DIST: BELGAUM. 12. SMT. T. V. JAYAMMA W/O. T. VIJENDRA RAO AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. JOGINAKOPPA, HALE SORABA, POST: SORABA, 577429, DIST: SHIVAMOGGA. - 4 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 13. SMT. DHARNI @ PADMA PRAMOD DIXIT AGE: 61 YEARS, OCC: SCHOOL TEACHER, R/O. C/O. S.N.SAFAP, NEAR GANAPATHI TEMPLE, VIVEKANANDA ROAD, 11TH CROSS, MASARI, GADAG-582103, TQ: AND DIST: GADAG. 14. SMT. L.A.RADHA AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. FLAT NO. 009, GROUND FLOOR, BRINDAVAN GARDEN APARTMENT, DODDAKALIAASANDRA, KANAKAPURA MAIN ROAD, BANGALORE-560062. 15. NASIRUDDIN S/O. PAPULSAB BAGWAN AGE: 61 YEARS, OCC: BUSINESS, R/O. VIDYANAGAR, HUBBALLI-580031. 16. MILAN S/O. MADHUSUDAN PARIKH AGE: 39 YEARS, OCC: BUSINESS, PROPRIETOR: M/S GOLDEN HOMES TRADING CORPORATION, R/O. #18, BAGWAN COMPLEX, KARWAR ROAD, HUBBALLI-580024. …RESPONDENTS (BY SRI. M.R.MULLA, ADVOCATE FOR C/R1, R3 AND R4; SRI. ARUN L.NEELOPANT AND SMT. KAVITA S.JADHAV, ADVOCATES FOR R1 AND R3; SRI. B.D.HEGDE, ADVOCATE FOR R1 AND R3(NOC); SRI. MADHUKESHWAR A.DESHPANDE, ADVOCATE FOR R1, R3 AND R4; SRI. SANTOSH D.NARGUND, ADVOCATE FOR R2, R5, R9, R10, R12 TO R14; SRI. M.B.NADAF, ADVOCATE FOR R6, R8, R11(A); SRI. VADIRAJ P.VADAVI, ADVOCATE FOR R5(A), R9(A TO C), R11(B, C); SRI. ANNASAHEB SHALAGAR, ADVOCATE FOR R7; V/O/DATED 20.08.2025, R1 TO R3 ARE LR’s OF DECEASED R4; NOTICE TO R15 AND R16 IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.02.2018 PASSED IN O.S.NO.249/2015 ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, ALLOWING THE I.A.NO.V FILED UNDER ORDER 7 RULE 11 READ WITH SECTION 151 OF CPC AND ETC. - 5 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 THIS REGULAR FIRST APPEAL COMING ON FOR FINAL HEARING 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) This Regular First Appeal is filed under Section 96 of the CPC by the plaintiffs in O.S.No.249/2015 being aggrieved of the rejection of the plaint, while allowing the application filed by defendant Nos.1, 3 and 4 under Order 7 Rule 11 of CPC. 2. The suit was filed by the plaintiffs who claim to have half share in the suit schedule properties under Ramarao Annajirao Deshpande having regard to the undisputed fact that propositus Annajirao Deshpande had two sons by name, Vittalrao Annajirao Deshpande and Ramarao Annajirao Deshpande. The defendants are under the branch of Vittalrao Annajirao Deshpande. However, the application under Order 7 Rule 11 of CPC was filed by defendant Nos.1, 3 and 4, mainly on the ground that - 6 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 possession of the suit schedule property is still with the Government of Karnataka and the official liquidator of the company, namely, The Karnataka Co-operative Textile Mills, and in that regard, the plaintiffs had already filed a suit in O.S.No.180/2005 seeking possession of the suit schedule properties from the Government of Karnataka and the official liquidators. The application was allowed by the trial court having regard to the admitted position that O.S.No.180/2005 was filed by the plaintiffs seeking possession of the suit schedule properties, and until the said suit was decided, the question of partitioning the suit schedule properties would not arise. 3. However, subsequent to filing of this appeal, O.S.No.180/2005 was decreed at the hands of the learned II Additional Civil Judge and JMFC-III, Hubballi on 24.10.2017 while directing defendant Nos.1 and 2 to vacate and handover possession of the suit property to the plaintiffs. Respondent Nos.1 to 3 herein along with their sister respondent No.4 who were aggrieved of the portion of - 7 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 the order passed by the trial court directing handing over of possession to the plaintiffs alone, therefore, filed R.A.No.16/2018 before the learned II Additional Senior Civil Judge and JMFC, Hubballi and the regular appeal was allowed by order dated 12.03.2024 holding that legal heirs of Vittalrao Annajirao Deshpande and Ramarao Annajirao Deshpande, i.e., the plaintiffs in O.S.No.180/2005 along with defendant Nos.3 to 18 are entitled for possession of the suit schedule properties. The other directions that were issued by the trial court was upheld, thereby directing defendant Nos.1 and 2 to handover the possession to the plaintiffs and defendant Nos.3 to 18 within a period of three months from the date of the decree. In view of the subsequent developments, learned counsel for the appellants would submit that the impugned order passed by the trial court rejecting the plaint should be set aside, thereby paving way for consideration of the suit on merits between the plaintiffs and the defendants, for partition. - 8 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 4. Learned counsel for the respondents do not dispute the subsequent developments and do not oppose the submission made by the learned counsel for the appellants. Accordingly, this court proceeds to pass the following: ORDER i) The appeal is allowed. ii) The impugned order dated 28.02.2018 passed in O.S.No.249/2015 by the learned II Additional Senior Civil Judge, Hubballi is hereby quashed and set aside. iii) The suit in O.S.No.249/2015 is restored to its original file before the II Additional Senior Civil Judge, Hubballi for consideration, in accordance with law. iv) Parties are directed to appear before the learned II Additional Senior Civil Judge, Hubballi on 12.01.2026 without waiting for further notice. - 9 - HC-KAR NC: 2025:KHC-D:17196-DB RFA No. 100197 of 2018 v) The trial court shall make all endeavour to dispose of the suit as expeditiously as possible. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:vh List No.: 1 Sl No.: 19