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High Court of Karnataka Hears Regular Second Appeals in Partition Dispute. Appellants Challenge First Appellate Court's Reversal of Trial Court Decrees Under Section 100 of the Code of Civil Procedure, 1908.

High Court: Karnataka High Court Bench: BENGALURU

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2026-10-17 08:16:27

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Issue of Consideration

KAHC010150732010_1

Case Details

2026 LawText (KAR) (07) 43

RSA No. 285 of 2010 c/w RSA No. 284 of 2010 and RSA No. 286 of 2010

2026-07-10

H.P. Sandesh

For Appellants: Sri Vighneshwar S. Shastri, Senior Counsel for Sri Sagar V. Shastri; For Respondents: Sri D.R. Rajashekarappa, Advocate for R1(a), R1(c), R1(d), R1(e)(i) to R1(e)(iii), R1(f) to R1(i), R2 to R4; Sri Gopalakrishnamurthy C., Advocate for R5 and R6; R1(b)(i) and R1(b)(ii) – served unrepresented

M. Rajashekarappa (since deceased by LRs) and Others

Smt. Eshwaramma (since deceased by LRs) and Others

Nature of Litigation

Partition suit

Remedy Sought

Appellants sought restoration of trial court's partition decree after reversal by first appellate court

Previous Decisions

Trial Court (Civil Judge (Sr.Dn.), Challakere) decreed partition suits O.S.No.372/2002 and O.S.No.275/2002 on 16.08.2007; First Appellate Court (Addl. District and Sessions Judge, Chitradurga) in R.A.No.77/2007 and R.A.No.43/2008 reversed and set aside the decrees on 07.10.2009

Procedural History

The suits O.S.No.372/2002 and O.S.No.275/2002 were filed before the Civil Judge (Sr.Dn.), Challakere, and decreed on 16.08.2007. Aggrieved, appeals in R.A.No.77/2007 and R.A.No.43/2008 were filed before the Addl. District and Sessions Judge, Chitradurga, which allowed the appeals and set aside the trial court decrees on 07.10.2009. The present Regular Second Appeals under Section 100 CPC are filed against the first appellate court's judgment and decree.

Acts & Sections

Code of Civil Procedure, 1908: 100

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High Court of Karnataka Hears Regular Second Appeals in Partition Dispute. Appellants Challenge First Appellate Court's Reversal of Trial Court Decrees Under Section 100 of the Code of Civil Procedure, 1908.

Issue of Consideration

Case Details

Nature of Litigation

Remedy Sought

Previous Decisions

Procedural History

Acts & Sections

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