Case Note & Summary
The judgment dealt with three Regular First Appeals preferred against the judgment and decree dated 18.11.2019 in O.S.No.90/2014 by the II Additional Senior Civil Judge and JMFC, Gokak. The sole plaintiff, Shantawwa, had filed the suit for partition and separate possession of her alleged share in the suit schedule properties, along with prayers for declaration and injunction. She claimed to be the daughter of Mallawwa, who was the daughter of the original propositus Ramappa Kenchannavar and his wife Hanamawwa. The plaintiff contended that Ramappa died in 1941 and Hanamawwa died on 10.11.1979, leaving behind four children. The trial court partly decreed the suit in favour of the plaintiff against the defendants. Aggrieved by this, certain defendants filed three separate Regular First Appeals under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908. These appeals were clubbed and heard together by the Division Bench of the High Court. The appellants in RFA No.100561/2019 were defendant Nos.6, 7, 9 and 10; the appellant in RFA No.100113/2020 was defendant No.5; and the appellant in RFA No.100152/2020 was defendant No.8. All appellants sought to set aside the trial court’s judgment and decree and dismiss the suit. The court heard the arguments of the advocates appearing for the parties and delivered its oral judgment on 24.09.2025. However, the full text of the judgment as provided did not extend beyond the initial recital of facts; the actual reasoning and final decision of the court were not included in the extract. Consequently, the specific legal issues framed, the submissions made, the court’s analysis, and the ultimate order or direction remain unknown.
Issue of Consideration
Case Details
2020 LawText (KAR) (09) 63
RFA No. 100561 of 2019 c/w RFA No. 100113 of 2020 c/w RFA No. 100152 of 2020
S.R. Krishna Kumar, C.M. Poonacha
Mallikarjunswamy B. Hiremath (for appellants in RFA 100561/2019 and for respondents 10 & 11 in RFA 100113/2020), Shivaraj P. Mudhol (for R1), S.B. Doddagoudar (for R2-R4), G.B. Naik and P.G. Naik (for R7 in some appeals and for appellant in RFA 100113/2020), Vinay S. Koujalagi (for appellant in RFA 100152/2020 and for R9 in some appeals)
Laxman s/o Siddappa Paschapur & Ors. (Defendants Nos.6,7,9,10 in OS No.90/2014); Mahananda (Defendant No.5); Laxmibai w/o Veerappa Demashetti (Defendant No.8)
Smt. Shantawwa & Ors. (Plaintiff and other defendants)
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Nature of Litigation
Regular first appeal against a partial decree in a suit for partition and separate possession of ancestral property.
Remedy Sought
The plaintiff sought partition and separate possession of her share, along with declaration and injunction. The appellants (defendants) sought to set aside the trial court’s judgment and decree and dismiss the suit.
Filing Reason
The plaintiff claimed entitlement as a legal heir of the propositus Ramappa Kenchannavar; the trial court partly decreed the suit, prompting the defendants to appeal.
Previous Decisions
The II Additional Senior Civil Judge and JMFC, Gokak, passed judgment and decree dated 18.11.2019 in O.S.No.90/2014, partly decreeing the suit.
Judgment Excerpts
RFA.No.100561/2019 is preferred by defendant Nos.6, 7, 9 and 10, while RFA.No.100152/2020 and RFA.No.100113/ 2020 are preferred by defendant Nos.8 and 5 respectively in O.S.No.90/2014.
All these appeals arise out of the judgment and decree dated 18.11.2019 passed in O.S.No.90/2014 by the II Additional Senior Civil Judge and JMFC, Gokak.
The said suit filed by the sole plaintiff-Shantawwa, for partition and separate possession of her alleged share in the suit schedule properties, for declaration, injunction and other reliefs was partly decreed by the Trial Court in favour of the plaintiff against the defendants.
Procedural History
The plaintiff filed O.S.No.90/2014 for partition and other reliefs before the II Additional Senior Civil Judge and JMFC, Gokak. The trial court partly decreed the suit on 18.11.2019. Aggrieved defendants filed three regular first appeals under Section 96 read with Order 41 Rule 1 CPC before the High Court of Karnataka, Dharwad Bench. The appeals were clubbed and heard together, and oral judgment was delivered on 24.09.2025, though the complete text of the judgment was not available in the provided extract.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order 41 Rule 1
