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2026 DAILYLAW 26633 (KAR)

SRI G H RAMACHANDRAPPA v. H PARVATHAMMA

RFA/16/2023 · 2026-07-07

Anu Sivaraman, Venkatesh Naik T

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 16 OF 2023 (PAR) C/W REGULAR FIRST APPEAL NO. 12 OF 2023 (PAR) IN RFA No. 16/2023 BETWEEN: 1. SRI G H RAMACHANDRAPPA S/O S.G. HANUMAPPA AGED ABOUT 75 YEARS AGRICULTURIST 2. SRI. NINGARAJAPPA S/O S.G. HANUMAPPA AGED ABOUT 65 YEARS AGRICULTURIST 3. MRS. SIDDAMMA W/O BASAVARAJAPPA AGED ABOUT 65 YEARS AGRICULTURIST 4. SRI. SURESH S/O BASAVARAJAPPA AGED ABOUT 45 YEARS AGRICULTURIST Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 THE APPELLANT NO.1 TO 4 ARE R/AT NO.1720/C5 1ST CROSS, S.S. LAYOUT 'A' BLOCK DAVANAGERE - 577 001. 5. SRI. SHIVAKUMAR S/O LATE BASAVARAJAPPA AGED ABOUT 55 YEARS AGRICULTURIST 6. SRI. MAHENDRA S/O LATE BASAVARAJAPPA AGED ABOUT 50 YEARS AGRICULTURIST THE APPELLANT NO.5 AND 6 ARE R/AT SHAMANUR VILLAGE DAVANAGERE TALUK - 577 004. 7. MRS. GANGAMMA W/O NINGAPPA AGED ABOUT 70 YEARS SHAMANUR VILLAGE DAVANAGERE TALUK - 577 004. 8. K.V. AMARNATH S/O K.S. VITTAL R/AT NO.72/1, 'SRI RANGA' 2ND MAIN, P.J. EXTENSION DAVANAGERE - 577 002. 9. THIPPESHI B S/O SANNA HANUMAPPA AGED ABOUT 55 YEARS R/AT ALUR VILLAGE - 3 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 DAVANAGERE-577 512. 10. S.K. UMESH S/O KESHAVA MURTHY AGED ABOUT 58 YEARS R/AT PRASANNA NILAYA BASAVESHWARA KOTE JANNAPURA ROAD CHIKMAGALURU TOWN AND DISTRICT REPRESENTED BY HIS P.A. HOLDER SMT. VASUNDHARA W/O K.V. BADRINATH AGED ABOUT 52 YEARS R/AT NO.72/1 'SRI RANGA' P.J. EXTENSION DAVANAGERE - 577 002. SINCE DEAD BY HIS LR'S 10A. BHARTHI S. U. W/O LATE S.K.UMESH AGED ABOUT 56 YEARS 10B THANMAI S.U. S/O LATE S.K.UMESH AGED ABOUT 31 YEARS 10C THANUSH S.U. S/O LATE S.K.UMESH AGED ABOUT 33 YEARS APPELLANT NO.10A TO C ARE ALL R/AT KESHAVA KRUPA (PRASANNA NILAYA), CHANNAPURA ROAD BASAVESHWARA NAGARA KOTE, CHIKAMAGALURU - 577 101 - 4 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 11. K.M. RAVI S/O SOMASHEKARAPPA AGED ABOUT 45 YEARS R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. 12. K.S. REVANASIDDAPPA S/O SOMASHEKARA AGED ABOUT 48 YEARS R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. 13. T.M. ARUNA KUMAR S/O T. MAHESHWARAPPA AGED ABOUT 46 YEARS AGRICULTURIST R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. 14. T.M. HARISH S/O T. MAHAESHWARAPPA AGED ABOUT 48 YEARS AGRICULTURIST R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. …APPELLANTS (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. SANATHKUMAR SHETTY K., ADVOCATE) AND: 1. H. PARVATHAMMA W/O P.L. PRABHAKAR AGED ABOUT 57 YEARS R/AT MANJUNATHA NILAYA - 5 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 OPP. URDU PRIMARY SCHOOL N.T. ROAD SHIVAMOGGA - 577 202. 2. MARUTHI S/O POOJARA PAKIRAPPA AGED ABOUT 62 YEARS 3. SRI. SHIVAMURTHY S/O POOJARA PAKIRAPPA AGED ABOUT 50 YEARS 4. RAVINDRANATH S/O POOJARA PAKIRAPPA AGED ABOUT 57 YEARS 5. ANNAPOORNAMMA D/O PAKIRAPPA POOJARA AGED ABOUT 67 YEARS 6. NAGARATHNA D/O POOJARA PAKIRAPPA AGED ABOUT 64 YEARS 7. SHIVAMMA W/O ANANDAPPA AGED ABOUT 59 YEARS 8. SMT. ASHA W/O ANANDAPPA AGED ABOUT 34 YEARS 9. SMT. ASHWINI D/O LATE ANANDAPPA AGED ABOUT 30 YEARS - 6 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 10. MANJUNATH S/O ANANDAPPA AGED ABOUT 30 YEARS 11. MAHESHAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 60 YEARS 12. VISHWANATH S/O LATE HANUMANTHAPPA AGED ABOUT 57 YEARS SMT. ARADHYA D/O LATE HANUMANTHAPPA DEAD BY LRS 13. SMT. PANKAJA @ PANKAJA PATIL W/o LATE ARADHYA PATIL @ ARADHYA KUMAR P H AGED ABOUT 46 YEARS R/AT NEAR SRI RENUKA YELLAMMA TEMPLE NEW CHIKKANAHALLI BADAVANE NITTUVALLI DAVANAGER 577005 14. SMT MEGHANA D/o LATE ARADHYA PATIL @ ARADHYA KUMAR P H W/O VISHWANATH H R AGED ABOUT 26 YEARS R/AT ARAKERE VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577223 15. CHI. YASHVANTH KUMAR A S/O LATE ARADHYA PATIL - 7 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 @ ARADHYA KUMAR P H AGED ABOUT 17 YEARS REPRESENTED BY NATURAL GUARDINA HIS MOTHER SMT PANKAJA W/O LATE ARADHYA PATIL @ ARADHYA KUMAR P H R/AT NEAR SRI RENUKA YELLAMMA TEMPLE NEW CHIKKANAHALLI BADAVANE NITTUVALLI DAVANAGERE 577004 16. SMT AKKAMAHADEVI D/O LATE HANUMANTHAPPA AGED ABOUT 52 YEARS 17. SANTHOSH S/O LATE HANUMANTHAPPA AGED ABOUT 50 YEARS 18. SARVAMANGALA D/o LATE HANUMANTHAPPA AGED ABOUT 47 YEARS RESPONDENT No.2 TO 12 AND 16 TO 18 ARE R/AT SHAMANUR VILLAGE DAVANGERE 577 512 …RESPONDENTS (BY SRI. CHIDAMBARA G S., ADV. FOR R1; SRI. Y.H. VIJAY KUMAR, ADV. FOR R7 TO R10; SRI. M.S.HARISH KUMAR, ADV. FOR R11, R13, R16 TO R18; V.C.O. DTD:18.12.2024, R12 IS HELD SUFFICIENT; - 8 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 V.C.O. DTD: 01.08.2024, NOTICE TO R2 TO R6 DISPENSED WITH; R15 IS MINOR REP. BY HIS MOTHER R13; R12, R14 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE ORDER DATED 25.08.2022 PASSED IN FDP NO.52/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 18 AND U/S 54 R/W SEC.151 OF CPC. IN RFA NO. 12/2023 BETWEEN: BETWEEN: 1. SRI G H RAMACHANDRAPPA S/O S.G. HANUMAPPA AGED ABOUT 75 YEARS AGRICULTURIST 2. SRI. NINGARAJAPPA S/O S.G. HANUMAPPA AGED ABOUT 65 YEARS AGRICULTURIST 3. MRS. SIDDAMMA W/O BASAVARAJAPPA AGED ABOUT 65 YEARS AGRICULTURIST - 9 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 4. SRI. SURESH S/O BASAVARAJAPPA AGED ABOUT 45 YEARS AGRICULTURIST THE APPELLANT NO.1 TO 4 ARE R/AT NO.1720/C5 1ST CROSS, S.S. LAYOUT 'A' BLOCK DAVANAGERE - 577 001. 5. SRI. SHIVAKUMAR S/O LATE BASAVARAJAPPA AGED ABOUT 55 YEARS AGRICULTURIST 6. SRI. MAHENDRA S/O LATE BASAVARAJAPPA AGED ABOUT 50 YEARS AGRICULTURIST THE APPELLANT NO.5 AND 6 ARE R/AT SHAMANUR VILLAGE DAVANAGERE TALUK - 577 004. 7. MRS. GANGAMMA W/O NINGAPPA AGED ABOUT 70 YEARS SHAMANUR VILLAGE DAVANAGERE TALUK - 577 004. 8. K.V. AMARNATH S/O K.S. VITTAL R/AT NO.72/1, 'SRI RANGA' 2ND MAIN, P.J. EXTENSION DAVANAGERE - 577 002. - 10 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 9. THIPPESHI B S/O SANNA HANUMAPPA AGED ABOUT 55 YEARS R/AT ALUR VILLAGE DAVANAGERE-577 512. 10. S.K. UMESH S/O KESHAVA MURTHY AGED ABOUT 58 YEARS R/AT PRASANNA NILAYA BASAVESHWARA KOTE JANNAPURA ROAD CHIKMAGALURU TOWN AND DISTRICT REPRESENTED BY HIS P.A. HOLDER SMT. VASUNDHARA W/O K.V. BADRINATH AGED ABOUT 52 YEARS R/AT NO.72/1 'SRI RANGA' P.J. EXTENSION DAVANAGERE - 577 002. SINCE DEAD BY HIS LR'S 10A. BHARTHI S. U. W/O LATE S.K.UMESH AGED ABOUT 56 YEARS 10B THANMAI S.U. S/O LATE S.K.UMESH AGED ABOUT 31 YEARS 10C THANUSH S.U. S/O LATE S.K.UMESH AGED ABOUT 33 YEARS APPELLANT NO.10A TO C ARE ALL - 11 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 R/AT KESHAVA KRUPA (PRASANNA NILAYA), CHANNAPURA ROAD BASAVESHWARA NAGARA KOTE, CHIKAMAGALURU - 577 101 11. K.M. RAVI S/O SOMASHEKARAPPA AGED ABOUT 45 YEARS R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. 12. K.S. REVANASIDDAPPA S/O SOMASHEKARA AGED ABOUT 48 YEARS R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. 13. T.M. ARUNA KUMAR S/O T. MAHESHWARAPPA AGED ABOUT 46 YEARS AGRICULTURIST R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. 14. T.M. HARISH S/O T. MAHAESHWARAPPA AGED ABOUT 48 YEARS AGRICULTURIST R/AT SHAMNANUR VILLAGE DAVANAGERE - 577 512. …APPELLANTS (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. SANATHKUMAR SHETTY K., ADVOCATE) - 12 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 AND: 1. H. PARVATHAMMA W/O P.L. PRABHAKAR AGED ABOUT 57 YEARS R/AT MANJUNATHA NILAYA OPP. URDU PRIMARY SCHOOL N.T. ROAD SHIVAMOGGA - 577 202. 2. MARUTHI S/O POOJARA PAKIRAPPA AGED ABOUT 62 YEARS 3. SRI. SHIVAMURTHY S/O POOJARA PAKIRAPPA AGED ABOUT 50 YEARS 4. RAVINDRANATH S/O POOJARA PAKIRAPPA AGED ABOUT 57 YEARS 5. ANNAPOORNAMMA D/O PAKIRAPPA POOJARA AGED ABOUT 67 YEARS 6. NAGARATHNA D/O POOJARA PAKIRAPPA AGED ABOUT 64 YEARS 7. SHIVAMMA W/O ANANDAPPA AGED ABOUT 59 YEARS - 13 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 8. SMT. ASHA W/O ANANDAPPA AGED ABOUT 34 YEARS 9. SMT. ASHWINI D/O LATE ANANDAPPA AGED ABOUT 30 YEARS 10. MANJUNATH S/O ANANDAPPA AGED ABOUT 30 YEARS 11. MAHESHAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 60 YEARS 12. VISHWANATH S/O LATE HANUMANTHAPPA AGED ABOUT 57 YEARS 13. SMT. ARADHYA D/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS 14. SMT AKKAMAHADEVI D/O LATE HANUMANTHAPPA AGED ABOUT 52 YEARS 15. SANTHOSH S/O LATE HANUMANTHAPPA AGED ABOUT 50 YEARS 16. SARVAMANGALA D/o LATE HANUMANTHAPPA AGED ABOUT 47 YEARS - 14 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 RESPONDENT No.2 TO 16 ARE R/AT SHAMANUR VILLAGE DAVANGERE 577 512 …RESPONDENTS (BY SRI P.P.HEGDE, SENIOR COUNSEL FOR SRI. YATHIN B., ADV. FOR R1; V.C.O. DTD:1.8.2024 NOTICE TO R2 TO R5 AND R11 TO R16 DISPENSED WITH; V.C.O. DTD:18.12.2024 NOTICE TO R6 TO R10 IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.08.2018 PASSED IN OS No.207/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 15 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel appearing for the appellants in both the appeals have filed a memo seeking leave of the Court to withdraw the appeals with liberty to file a comprehensive suit for declaration of their title and other reliefs before a Competent Court. 2. It is stated that the appellants are not parties either to the appeal or to the final decree proceedings and since they are required to establish their right and title over the properties in question, they seek to withdraw these appeals with liberty to file a comprehensive suit for declaration of their title and other reliefs before a Competent Court. The memo for withdrawal in RFA No.16/2023 reads as follows; "MEMO FOR WITHDRAWAL WITH A LIBERTY TO FILE COMPREHENSIVE SUIT 1. The Appellants in this Appeal have challenged the Final Decree dated 25.08.2022 in FDP No.52/2018 on the file of the II Additional Senior Civil Judge and JMFC at Davangere. The said Final Decree proceedings in initiated in pursuance of the preliminary Decree passed in O.S No. - 16 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 207/2016 on the II Additional Senior Civil Judge dated 01.08.2018. 2. The Appellants have preferred a separate Appeal in RFA 12/2023 before this Hon'ble Court against the preliminary Decree passed in O.S No.207/2016 on the II Additional Senior Civil Judge and JMFC Davanagere and the said Appeal is pending. 3. The Appellants are not parties to the original Suit or Final Decree proceedings. 4. The Appellants are required to establish that the Preliminary Decree and Final Decree passed in the above proceedings are collusive and fraudulent. The a Appellants are also required to establish their right and Title to the properties involved in the above mentioned proceedings. The Appellants in order to establish their aspects are required to file comprehensive suit for Declaration of their Title, Declaration that the Preliminary Decree and Final Decree passed in the above proceedings as fraudulent, collusive and for other reliefs. 5. The Appellants therefore, intend to withdraw the present Appeal with a liberty granted to them to file a comprehensive suit for Decleration of their Title and other reliefs before a compentent Court. Pray for orders accordingly." - 17 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 The memo for withdrawal in RFA No.12/2023 reads as follows; " MEMO FOR WITHDRAWAL WITH A LIBERTY TO FILE COMPREHENSIVE SUIT 1. In this Appeal the Appellants have challenged the Preliminary Decree dated 01.08.2018 passed in O.S. No.207/2016 on the file of IInd Additional Civil Judge and JMFC, Davanagere. 2. The Plaintiffs in the above suit in pursuance of the Preliminary Decree had initiated Final Decree proceedings in FDP No.52/2018 on the file of IInd Additional Civil Judge and JMFC, Davanagere and Final Decree was passed in the said proceedings on 25.08.2022. The Appellants have filed a separate Appeal before this Hon'ble Court in RFA 16/2023 and the said Appeal is pending. 3. The Appellants are not parties to Suit or Final Decree Proceedings. 4. The Appellants are required to establish their title to the properties involved in these proceedings and they are also required to establish that, the Preliminary Decree and Final Decree are fraudulent and collusive in nature. The appellants can only establish these aspects in a regularly constituted comprehensive suit for Declaration and other reliefs. - 18 - HC-KAR NC: 2026:KHC:34168-DB RFA No. 16 of 2023 C/W RFA No. 12 of 2023 4. The Appellants therefore, seek for permission of this Hon'ble Court to withdraw this Appeal with a liberty to file a comprehensive suit for Declaration and reliefs before a Competent Court. Pray for orders accordingly." 3. The appeals are therefore dismissed as withdrawn with liberty as sought for. All contentions of all the parties are left open to be agitated before the appropriate Court. The Registry is directed to return the original documents to the appellants after retaining the true copies on record, upon a proper application being filed by the appellants. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN List No.: 1 Sl No.: 31