- 1 - HC-KAR NC: 2026:KHC:33205 RSA No. 687 of 2026 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.687 OF 2026(PAR) BETWEEN: MRS K A SUKANYA KUMARI A.K.A SHAKKU AGED ABOUT 56 YEARS W/O K. JAGADEESH (FOREMAN) TEXTILE DEPARTMENT, BAPUJI INSTITUTE OF ENGINEERING COLLEGE, DAVANGERE-577 004 REPRESENTED BY HER HUSBAND AND POWER OF ATTORNEY HOLDER MR. K JAGADEESH VIDE POWER OF ATTORNEY DT. APRIL 21, 2025 CURRENTLY RESIDING AT MATTI CAMP, MATTI POST DAVANAGERE TALUK AND DISTRICT PIN CODE 577 525 …APPELLANT (BY SRI. BALARAM M L, ADVOCATE) AND: 1. MR C RAMESH AGED ABOUT 68 YEARS S/O LATE K L ANEPPA RESIDING AT T B ROAD, BESIDE TELEPHONE EXCHANGE OFFICE, CHENNAGIRI TOWN -577 213 2. MS. N. SUMITRA @ SUMA AGED ABOUT 60 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33205 RSA No. 687 of 2026 W/O LATE K A MANJUNATH RESIDING AT KARUGAL STREET, BIRUR TOWN KADUR TALUK -577 116 3. MS. SARADA AGED ABOUT 74 YEARS W/O K V BENAKAPPA RESIDING AT BENAKANAHALLI VILLAGE, HONNALLI TALUK DAVANGERE DISTRICT -577 217 4. MS. SUMITHRA W/O M BASAPPA D/O LATE ANEPPA RESIDING AT KUNABELEKERE VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT -577 601 5. MS. SAROJA (SINCE DEAD, REPRESENTED BY LEGAL HEIRS) 5A. MR. MANJUNATHA M C AGED ABOUT 46 YEARS S/O M. CHANNAPPA LEGAL HEIR OF LATE MS. K A SAROJA, RESIDING AT DOOR NO.3431/1-75, 4TH MAIN, 12TH CROSS, SS LAYOUT, B BLOCK, DAVANGERE- 577 004 5B. MR. RAGHAVENDRA M C AGED ABOUT 44 YEARS S/O M. CHANNAPPA RESIDING AT DOOR NO.3431/1-75, 4TH MAIN, 12TH CROSS, S S LAYOUT, B BLOCK, DAVANGERE- 570 004 5C. MS. M C PRAVEEN KUMARI AGED ABOUT 46 YEARS - 3 - HC-KAR NC: 2026:KHC:33205 RSA No. 687 of 2026 S/O. M. CHANNAPPA R/AT DOOR NO.3431/1-75, 4TH MAIN, 12TH CROSS, SS LAYOUT, B BLOCK, DAVANGERE- 570 004 6. MR. KA SHANMUKHAPPA (SINCE DEAD, REPRESENTED BY LEGAL HEIRS) 6A MS. B ASHA AGED ABOUT 53 YEARS W/O K A SHANMUKHAPPA RESIDING AT MANJUNATHA NILAYA UPSTAIRS BUILDING OF BHARATH CERAMIC GODOWN, 2ND CROSS, HOSAMANE EXTENSION, SHIVAMOGGA - 577 201 6B MR. KUMAR S.GOWRAV S/O K A SHANMUKHAPPA RESIDING AT “MANJUNATHA NILAYA”, UPSTAIRS BUILDING OF BHARATH CERAMIC GODOWN, 2ND CROSS, HOSAMANE EXTENSION, SHIVAMOGGA 577 201 7. MRS SIDDAMMA W/O LATE K L ANEPPA DIED ON SEP 05, 2014 AFTER THE FILING OF THE FDP NO. 7/2014 WAS FILED (ON JUNE 13, 2006) AND SINCE THE MATERIAL CAUSE WAS PARTITION AND HER LEGAL HEIRS WERE ANYWAYS PARTIES TO THE CASE AND THEREFORE HER ESTATE ALSO BECAME A CAUSE IN THE CASE AND THE CAUSE CONTINUED UNABATED. …RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:33205 RSA No. 687 of 2026 THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 03.03.2025, PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, IN REGULAR FIRST APPEAL BEARING RA NO. 5005/21 (ANNEXURE A). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard learned counsel for the appellant. Office has raised objection with regard to the maintainability. 2. Learned counsel for the appellant would submit that even in the case of a remand, second appeal would be maintainable. 3. In this regard, he places reliance on the judgment of High Court of Madhya Pradesh in the case of Gooha and others vs. Smt. Uma Devi and others reported in ILR (2018) MP 528, 2017 SCC OnLine MP 1357. 4. Order under challenge is passed by the First Appellate Court in R.A.No.5005/2021 and operative portion of the order reads as under: - 5 - HC-KAR NC: 2026:KHC:33205 RSA No. 687 of 2026 “The present Appeal preferred by the Appellant as against the Respondents No.1 to 7 under Order XLI Rule 1 of CPC., Is hereby allowed. The Order dated 04.09.2021 passed by the Trial Court in FDP No.7/2014, is hereby set-aside. The matter is remanded to the Trial Court only for limited purpose, i.e., to carve 27/64th original share of the Appellant/Petitioner in the suit schedule A and B properties shown and described in the Judgment and Decree dated 04.10.1991 passed in O.S.No.65/1989 and the Properties mentioned in Ex.P.8 Court Commissioner Report dated 17.07.1989, which is marked in the said suit and also to allot the shares of the Respondents No.3, 4 and the deceased Respondent No.6, who have relinquished their share in favour of the Appellant/Petitioner and also to carve out the share of the deceased Respondent No.2 Siddamma, who is the mother of the Appellant/Petitioner and to allot the share of the appellant/petitioner in the share of the Appellant/Petitioner in the share of the said deceased Respondent No.2 Siddamma and after carved out the said entire shares of the Appellant/Petitioner, to appoint the concerned Revenue Authority as Court Commissioner to demarcate the said entire shares of the Court Appellant/Petitioner in the suit schedule A and B properties shown and described in the Judgment and Decree dated 04.10.1991 passed in O.S.No.65/1989 and also to appoint the Advocate as Court Commissioner to allot the entire share of the Appellant/Petitioner in the Properties mentioned in Ex.P.8 Court Commissioner - 6 - HC-KAR NC: 2026:KHC:33205 RSA No. 687 of 2026 Report dated 17.07.1989 and to dispose off the said FDP No.7/2014 by passing a Final Decree accordingly, in accordance with law. No order as to costs. Draw decree accordingly. Office is hereby directed to send back the Tral Court Records to the Trial Court along with a copy of this Judgment and Decree.” 5. All that the First Appellate Court did in the impugned order is to allow the appeal and remit the matter to the Trial Court for the purpose of carving out 27/64th original share of the appellant. 6. Against such order of remand, Miscellaneous Second Appeal lies and not Regular Second appeal. 7. Accordingly, appeal stands dismissed as not maintainable. Sd/- (V SRISHANANDA) JUDGE MR/kav List No.: 1 Sl No.: 35