- 1 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.3177/2007 (DEC/INJ) C/W. REGULAR SECOND APPEAL NO.100527/2024 (DEC/INJ) IN RSA NO.3177/2007: BETWEEN: 1. SANGANAGOUDA S/O. BASANAGOUDA PATIL, SINCE DECEASED BY HIS LRS. 1A. SMT. SUJATA W/O. SANGANAGOUDA PATIL, AGE: 50 YEARS, OCC: HOUSEHOLD. 1B. SRI BASANAGOUDA S/O. SANGANAGOUDA PATIL, AGE: 22 YEARS, OCC: EMPLOYED. 1C. MS. KAVYA S/O. SANGANAGOUDA PATIL, AGE: 20 YEARS, OCC: STUDENT, ALL R/O. #13, TEMBADAVAR ONI, AMARGOL, HUBBALLI-580025. …APPELLANTS (BY SRI SURESH N. KINI, ADV. FOR A1(A) TO A1(C)) AND: CHANABASANAGOUDA BHARAMAGOUDA PATIL, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 SINCE DECEASED BY HIS LRS. 1. SMT. NEELAVVA W/O. CHANNABASANGOUDA PATIL, SINCE DECEASED BY HER LR’S WHO ARE ALREADY ON RECORD AS RESPONDENTS NO.2 TO 5. 2. BHARAMGOUDA S/O. CHANNABASAVANAGOUDA PATIL, AGE: 50 YEARS, OCC: SERVICE, RESIDING AT: LINGARAJANAGAR, NORTH, NEAR RESERVOIR, UNKAL, HUBLI, DHARWAD DISTRICT. 3. SMT. BANDAVVA W/O. SHIVANNAGOUDA PATIL, AGED ABOUT 48 YEARS, OCC: HOUSEWIFE, RESIDING AT: NEKAR NAGAR, HUBLI, DHARWAD DSITRICT. 4. SMT. SHIVALINGAVVA W/O. BHEEMARAYAPPA GIRIYAPPANAVAR, AGE: 42 YEARS, OCC: HOUSEWIFE, RESIDING AT: NOOLVI, TALUK: HUBLI, DHARWAD DISTRICT. 5. KUM. BASAVVA D/O. CHANNABASAVANAGOUDA PATIL, AGE: 30 YEARS, OCC: NIL, RESIDING AT: AMARGOL, TALUK: HUBLI, DHARWAD DISTRICT. 6. BASAVANAGOUDA S/O. ESHWARAGOUDA PATIL, SINCE DECEASED BY HIS LR’S. 6A. SMT. PREMAVVA W/O. BASANGOUDA PATIL, - 3 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 AGE ABOUT 60 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. TAMDAR ONI, AMARGOL, HUBLI. 6B. SRI ISHWARGOUDA S/O. BASANGOUDA PATIL, AGE ABOUT 44 YEARS, OCC: BUSINESS, R/O. TAMDAR ONI, AMARGOL, HUBLI. 6C. SMT. BABY @ GANGAVVA W/O. MOHAN NANDAGAD, AGE ABOUT 42 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. NINGABHAL HOUSE, DYAMAVVA TEMPLE ONI, KALGHATGI. 7. SHIVANNAGOUDA S/O. VIRUPAKSHA GOUDA PATIL, SINCE DECEASED BY HIS LR’S. 7A. SMT. SAVITRI W/O. SHIVANAGOUDA PATIL, AGE: 77 YEARS, OCC: HOUEHOLD. 7B. SRI VIRUPAKSHAGOUDA S/O. SHIVANAGOUDA PATIL, AGE: 51 YEARS, OCC: PVT. SERVICE, BOTH R/O. WARD NO.13, MARATHA COLONY, DHARWAD. …RESPONDENTS (BY SRI S. H. MITTALKOD, ADV. FOR R1, R3 TO R5, R6(A TO C), R7(A & B); SRI. A. C. CHAKALABBI, ADV. FOR R2; V/O. DATED 30.06.2025 R2 TO R5 ARE TREATED AS LR’S OF R1) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO REVERSAL OF THE JUDGMENT AND DECREE DATED 26.09.2007 - 4 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 PASSED BY THE COURT OF 1ST ADDITIONAL CIVIL JUDGE, (SENIOR DIVISION) AT HUBLI IN R.A.NO.12/2001 AND THE JUDGMENT AND DECREE DATED 20.11.2000 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE, (JUNIOR DIVISION) AT: HUBLI, IN O.S.NO.436/1998 BE SET ASIDE AND THIS REGULAR SECOND APPEAL MAY KINDLY BE ALLOWED WITH COSTS THROUGHOUT. IN RSA NO.100527 OF 2024: BETWEEN: SANGANAGOUDA S/O. BASANAGOUDA PATIL, SINCE DECEASED BY HIS LRS. 1. SMT. SUJATA W/O. SANGANAGOUDA PATIL, AGE: 50 YEARS, OCC: HOUSEHOLD. 2. SRI BASANAGOUDA S/O. SANGANAGOUDA PATIL, AGE: 22 YEARS, OCC: EMPLOYED. 3. MS. KAVYA S/O. SANGANAGOUDA PATIL, AGE: 20 YEARS, OCC: STUDENT, ALL R/O. #13, TEMBADAVAR ONI, AMARGOL, HUBBALLI-580025. …APPELLANTS (BY SRI SURESH N. KINI, ADVOCATE) AND: CHANABASANAGOUDA BHARAMAGOUDA PATIL, SINCE DECEASED BY HIS LRS. 1. SMT. NEELAVVA W/O. CHANNABASANGOUDA PATIL, SINCE DECEASED BY HER LR’S R2 TO R5. - 5 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 2. BHARAMGOUDA S/O. CHANNABASANAGOUDA PATIL, AGE: 50 YEARS, OCC: SERVICE, RESIDING AT: LINGARAJANAGAR, NORTH, NEAR RESERVOIR, UNKAL, HUBLI, DHARWAD DISTRICT-580031. 3. SMT. BANDAVVA W/O. SHIVANNAGOUDA PATIL, AGED ABOUT 48 YEARS, OCC: HOUSEWIFE, RESIDING AT: NEKAR NAGAR, HUBLI, DHARWAD DSITRICT-580024. 4. SMT. SHIVALINGAVVA W/O. BHEEMARAYAPPA GIRIYAPPANAVAR, AGE: 42 YEARS, OCC: HOUSEWIFE, RESIDING AT: NOOLVI, TALUK: HUBLI, DHARWAD DISTRICT-580028. 5. KUM. BASAVVA D/O. CHANNABASANAGOUDA PATIL, AGE: 30 YEARS, OCC: NIL, RESIDING AT: AMARGOL, TALUK: HUBLI, DHARWAD DISTRICT-582208. BASANAGOUDA S/O. ESHWARAGOUDA PATIL, SINCE DECEASED BY HIS LR’S. 6. SMT. PREMAVVA W/O. BASANGOUDA PATIL, AGE ABOUT 60 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. TAMDAR ONI, AMARGOL, HUBBALLI-582208. 7. SRI ISHWARGOUDA S/O. BASANGOUDA PATIL, AGE ABOUT 44 YEARS, OCC: BUSINESS, R/O. TAMDAR ONI, AMARGOL, HUBBALLI-582208. - 6 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 8. SMT. BABY @ GANGAVVA W/O. MOHAN NANDAGAD, AGE ABOUT 42 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. NINGABHAL HOUSE, DYAMAVVA TEMPLE ONI, KALGHATGI-581204. SHIVANNAGOUDA S/O. VIRUPAKSHA GOUDA PATIL, SINCE DECEASED BY HIS LR’S. 9. SMT. SAVITRI W/O. SHIVANAGOUDA PATIL, AGE: 77 YEARS, OCC: HOUEHOLD. 10. SRI VIRUPAKSHAGOUDA S/O. SHIVANAGOUDA PATIL, AGE: 51 YEARS, OCC: PVT. SERVICE, BOTH R/O. WARD NO.13, MARATHA COLONY, DHARWAD-580008. …RESPONDENTS (V/O. DATED 30.06.2025, R2 TO R5 ARE LR’S OF DECEASED R1; NOTICE TO R6 TO R8 SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.09.2007 PASSED BY THE COURT OF I ADDITIONAL CIVIL JUDGE (SR.DN), HUBBALLI DECREEING THE COUNTER CLAIM GRANTING 1/8TH SHARE TO THE DEFENDANT NO.1 & 2 EACH, AND 1/32 SHARE TO THE DEFENDANT NO.3 IN THE SUIT SCHEDULE PROPERTY AND THE COUNTER CLAIM OF THE DEFENDANTS IN O.S.NO.436/1998 BEFORE THE COURT OF PRINCIPAL CIVIL JUDGE (JR.DN) HUBLI FOR PARTITION AND SEPARATE POSSESSION RESPECT OF THE SUIT SCHEDULE PROPERTY MAY KINDLY BE DISMISSED WITH COST THROUGHOUT AND ETC. - 7 - HC-KAR NC: 2026:KHC-D:1488 RSA No. 3177 of 2007 C/W RSA No. 100527 of 2024 THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appellants are present before the Court along with their learned Advocate and have filed a Memo for withdrawal along with self attested copies of Aadhaar Card of the appellants stating that they are not interested in prosecuting the above two appeals. Hence, seeks permission to withdraw the appeals as not pressed. Same is placed on record. 2. Accepting the said Memo, the appeals are dismissed as not pressed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE DR /CT-AN List No.: 1 Sl No.: 26