- 1 - HC-KAR NC: 2026:KHC:33081 RSA No. 526 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.526 OF 2020 (DEC) BETWEEN: SRI K CHANDRAPPA S/O KURUVATHEPPA AGED ABOUT 56 YEARS AGRICULTURIST R/O KADAJJI VILLAGE-577 001 DAVANAGERE TALUK AND DISTRICT …APPELLANT (BY SRI. SANTOSH R NELKUDURI, ADVOCATE) AND: 1. SMT MEHABOOB BI W/O MAQBOOL SAB AGED ABOUT 74 YEARS R/O 6TH CROSS, OPP. SLAUGHTER HOUSE, SHIVANAGAR DAVANAGERE-577 001 2. SMT NOORJAHAN BI W/O BASHA SAB AGED ABOUT 71 YEARS R/O 6TH CROSS OPP. SLAUGHTER HOUSE SHIVANAGAR DAVANAGERE-577001 3. SMT CHAMAN BI W/O SHAIK ABDUL SAB AGED ABOUT 63 YEARS R/O 6TH CROSS OPP. SLAUGHTER HOUSE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33081 RSA No. 526 of 2020 SHIVANAGAR DAVANAGERE-577001 4. ALLABAKSHI S/O LATE AZEEZ SAB AGED ABOUT 61 YEARS MERCHANT R/O 6TH CROSS OPP : SLAUGHTER HOUSE SHIVANAGAR DAVANAGERE-577001 5. SRI SHAFI AHAMED S/O LATE AZEEZ SAB AGED ABOUT 61 YEARS WATCHMAN R/O 6TH CROSS OPP. SLAUGHTER HOUSE SHIVANAGAR DAVANAGERE-577001 6. SMT HALEEMA BI W/O SHAFI AHAMED AGED ABOUT 54 YEARS R/O 6TH CROSS OPP: SLAUGHTER HOUSE SHIVANAGAR DAVANAGERE-577001 7. SRI MOHAMMED UMMER ALI S/O SHAFI AHAMED AGED ABOUT 28 YEARS R/O 6TH CROSS, OPP :SLAUGHTER HOUSE SHIVANAGAR DAVANAGERE-577001 8. SRI MOHAMMED THALEEB ALI S/O SHAFI AHAMED AGED ABOUT 28 YEARS R/O 6TH CROSS - 3 - HC-KAR NC: 2026:KHC:33081 RSA No. 526 of 2020 OPP. SLAUGHTER HOUSE SHIVANAGAR DAVANAGERE-577001 …RESPONDENTS (R1, R3, R4, R5, R6, R7 AND R8 ARE SERVED; (VIDE ORDER DATED 16.06.2026, APPEAL STANDS DISMISSED AS ABATED IN RESPECT OF R2) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, 1908 AGAINST THE JUDGMENT AND DECREE DATED 25.10.2019 PASSED IN R.A.No.75/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 08.07.2019 PASSED IN O.S.NO.434/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, DAVANAGERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Appellant is the sixth defendant in O.S.No.434/2013, wherein suit for partition came to be decreed, which was confirmed in R.A.No.75/2019. 2. Appellant has purchased the suit property from one of the sharers. Admittedly, without the property being divided by metes and bounds such a sale is subject to the final decree proceedings. - 4 - HC-KAR NC: 2026:KHC:33081 RSA No. 526 of 2020 3. Since the parties are Mohammedan by community, pre-designated shares are there in the Mohammedan law. 4. Property would be enjoyed by the sharers as tenants in common till the property is divided as per their pre- decided shares by metes and bounds. 5. Thus, the remedy for the appellant is to plead for equitable partition before the final decree Court. 6. Reserving such liberty, this Court does not find any good grounds to admit the appeal for further consideration. 7. Accordingly, the following: ORDER (i) Admission is declined. (ii) Appeal is dismissed. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 65