This appeal challenging a partition decree was disposed of on the merits upon the parties filing a joint compromise petition under Order XXXIII Rule 3 CPC agreeing to an equal 50% division of the suit land.
Appeal disposed of in view of the compromise entered between the parties; decree drawn accordingly based on the agreed 50:50 split of the suit property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:27729 RFA No. 1923 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO.1923 OF 2021 (PAR/DEC)
BETWEEN:
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
APPELLANTS ARE R/AT NO.9, OLD NO.14/3 OLD MARUTHINAGARA, NOW CALLED AS AMBEDKAR RESIDENCY, 2ND CROSS, SHANTHIVANA, SAHAKARANAGARA POST, BENGALURU - 560 019.
…APPELLANTS
(BY SRI. SURESH BABU B N.,ADVOCATE)
NC: 2023:KHC:27729 RFA No. 1923 of 2021
AND:
…RESPONDENTS
(BY SRI. K. V. NARASIMHAN, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.06.2021 PASSED IN O.S. No.281/2019 ON THE FILE OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PARTITION AND DECLARATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:27729 RFA No. 1923 of 2021
JUDGMENT
and got marked 43 documents on behalf of the
defendants. After concluding the trial, the Trial Court decreed the suit of the plaintiff with costs, holding that the plaintiff is entitled for 25% share in the suit schedule properties by metes and bounds which is under challenge in this appeal.
NC: 2023:KHC:27729 RFA No. 1923 of 2021
application/petition is in accordance with law and hence, accepted.
Draw Decree accordingly.
SD/JUDGE
sac
List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the first appeal filed against the decree in the partition suit is maintainable?
2 provisions across 1 enactments
Smt. Thimmakka W/o Late Hanumanthappa
Sri. Venkatesh H. S/o Late Hanumanthappa
Sri. Narayana H. S/o Late Hanumanthappa
Sri. Krishnamurthy H. S/o Late Hanumanthappa
Sri. Shivakumar H. S/o Late Hanumanthappa
Sri. V. Rajanna S/o Late Venkatappa
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
