This second appeal was dismissed because the appellant plaintiffs lacked locus standi to claim share in property gifted by their maternal grandfather to defendants, and were estopped by their own sale deed admitting the respondents' ownership of another portion.
The appeal was dismissed as being devoid of merits.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR SECOND APPEAL NO. 780 OF 2022 (PAR/DEC)
BETWEEN:
S/O LATE CHIKKA THAYAMMA AGED ABOUT 72 YEARS R/AT PEMMASHETTIHALLI VILLAGE, VOKKALERI HOBLI KOLAR TALUK-563 102
…APPELLANTS
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
(BY SRI. B RAMESH, ADVOCATE)
AND:
NC: 2023:KHC:39429 RSA No. 780 of 2022
RESPONDENTS NO.1 TO 3 ARE R/AT PEMMASHETTIHALLI VILLAGE VEMAGALA TALUK, KOLAR TALUK-563102
…RESPONDENTS (BY SRI. VIJAYA PRAMATHI DAS G, ADVOCATE FOR C/R1 TO 3)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.02.2022 PASSED IN RA.NO.156/2018 BY THE I ADDITIONAL DISTRICT JUDGE, KOLAR AND THE JUDGMENT AND DECREE DATED 05.11.2018 PASSED IN O.S.NO.269/2014 BY THE I ADDL. SR. CIVIL JUDGE AND CJM KOLAR IN SO FAR AS SUIT ITEM NO.1 & 2 AND DECREE THE SUIT AS PRAYED FOR IN RESPECT OF SUIT ITEM NO.1 & 2.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:39429 RSA No. 780 of 2022
JUDGMENT
The captioned second appeal is filed by unsuccessful
plaintiffs questioning only the dismissal of the suit insofar
as suit item Nos. 1 and 2 properties are concerned.
referred to as per their rank before the trial Court.
Venkataramappa (Deveeramma (Wife))
|
----------------------------------------------| | Appannappa Sonnappa Muniyamma (Wife) Chikkathayamma (wife) | | --------------------------------------------------| | | | Dyavappa Dyaveeramma Sonnappa Deveeramma Def 1(Wife) Def No.4 Plf No.1 Plf No.2 | -------------| | Def 2 Def No.3
Sonnappa while defendants represented the branch of Appanna. Plaintiffs have instituted the present suit by
NC: 2023:KHC:39429 RSA No. 780 of 2022
contending that the suit schedule properties are the joint family ancestral properties.
the property pursuant to the registered gift deed and sale deed. Defendant No.4 also claimed that item No.2 of schedule 'A' property is the absolute property of late Devappa.
valid right insofar as item No.1 property is concerned. The appellate Court held that item No.1 property was originally owned by one Eragappa who gifted the property jointly in favour of husband of first defendant and Byrappa under registered gift deed dated 13.11.1958. Therefore, the appellate Court was of the view that plaintiffs cannot seek
a share in the property held by their maternal grand father. Insofar as item No.2 of schedule 'A' property bearing Survey No.12/4 is concerned, the appellate Court taking cognizance of the registered sale deed dated 20.3.1981 executed by plaintiff No.1 in respect of 251/2 guntas has held that plaintiff No.1 has already sold his half portion vide Ex.D81. The appellate Court has also taken cognizance of the fact that plaintiff No.1 while alienating item No.2 of schedule 'A' property has clearly indicated in the sale deed that the southern boundary is the remaining portion owned by Devappa. Referring to these significant details, the appellate Court was of the view that plaintiffs are not entitled to seek share in item Nos.1 and 2 of schedule 'A' property. Consequently, the appeal is
NC: 2023:KHC:39429 RSA No. 780 of 2022
dismissed insofar as item Nos.1 and 2 of schedule 'A' properties are concerned.
respondents/plaintiffs.
is of the view that both Courts were justified in dismissing
the suit insofar as item No.1 property is concerned.
NC: 2023:KHC:39429 RSA No. 780 of 2022
substantial question of law arises for consideration.
following:
ORDER
The appeal is devoid of merits and accordingly,
stands dismissed.
Sd/JUDGE
ALB
List No.: 1 Sl No.: 23
3 issues framed by the court
Whether the Second Appeal succeeds in challenging the dismissal of suit regarding ancestral property items.
Whether plaintiffs have locus standi to claim share in property gifted by maternal grandfather to defendants' father.
Whether plaintiffs are estopped from claiming share in property portion already sold by them reciting Devappa's ownership.
SRI SONNAPPA AND ANR.
SMT SUJAYA AND ANR.
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
