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KAHC010872812010_1

High Court: Karnataka High Court Bench: BENGALURU
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2026-09-16 09:29:57
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Issue of Consideration

KAHC010872812010_1

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Case Details

2013 LawText (KAR) (06) 20

R.F.A. No. 2116 of 2010 c/w R.F.A. No. 2117 of 2010

2013-06-06

N. Kumar, B Sreenivase Gowda

Y. R. Sadashiva Reddy for appellants; O. Shivarama Bhat, M. Narayana Reddy, V. Lakshminarayana, C. Gowrishankar, G. Chandrashekaraiah, H. S. Satish Kumar, B. L. Nandakumar Associates, M. C. Narasimhan Associates, Srinivasa Raghavan for respondents

Smt Ramakka, Purushotham, Ravi, Bhagyamma, Hemavathi, Lalithamma, Yashodamma, Smt Geetha

Smt Thanamma (since deceased by LRs) and others

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Nature of Litigation

Suit for partition and separate possession of agricultural land, garden land, and grape vine yard

Remedy Sought

Plaintiffs sought partition and separate possession of ancestral properties; defendants/appellants appealed against the decree granting shares

Filing Reason

Plaintiffs claimed to be members of a Hindu Undivided Family and alleged they were denied their shares in ancestral properties

Previous Decisions

The trial court (I Addl. City Civil & Sessions Judge, Bangalore) partly decreed the suits for partition and separate possession on 2010-10-18

Judgment Excerpts

These two appeals are preferred against the common judgment and decree passed in O.S.No.2640/1988 and O.S. No. 5075/2000 decreeing the suit of the plaintiffs. The case of the plaintiffs is, one Arasikuttappa is the propositor. He had two sons by name Chinnanna and Muniyellappa. Muniyellappa had two wives, Smt. Pillamma – the first defendant and Smt. Thanamma – the first plaintiff.

Procedural History

The plaintiffs filed O.S.No.2640/1988 and O.S.No.5075/2000 before the I Addl. City Civil & Sessions Judge, Bangalore, seeking partition and separate possession. The trial court passed a common judgment and decree on 2010-10-18 partly decreeing the suits. The defendants/appellants filed Regular First Appeals under Section 96 CPC before the High Court of Karnataka. The High Court heard the appeals and delivered judgment on 2013-06-06.

Acts & Sections

  • Code of Civil Procedure, 1908: 96
  • Hindu Succession Act, 1956:
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Tags :
partition ancestral property joint family Hindu Succession Act, 1956 appeal section 96 CPC widow's rights agricultural land

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