The First Additional Senior Civil Judge acquitted the appellant of murder and sentenced her to death. The HC allowed appeal and reduced sentence to life imprisonment.
The judgment is clarified to specify that each party takes 1/9th share; the appeal stands disposed of.
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, DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 100022 OF 2017 (PAR/POS)
BETWEEN:
SMT. JANAMMA W/O. THIMMA REDDY, D/O. SMT. HULIGEMMA, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O: HARIGINADONI VILLAGE, BALLARI TALUK: 583 101.
…APPELLANT
(BY SRI. G.S. SAVADATTI, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA Date: 2024.11.26 11:34:43 +0530
…RESPONDENTS
(BY SRI. A.G. WAJAPE, ADVOCATE FOR R1 AND R2; MISS. RANJITA REDDY ALAGAWADI FOR SRI. GANGADHAR J.M. ADVOCATE FOR R3 AND R4; SMT. SHARMILA M. PATIL, ADVOCATE FOR R5)
THIS MFA IS FILED UNDER ORDER 41 RULE 1 R/W. SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.08.2016 PASSED IN O.S.NO.12/2011 ON THE FILE OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR AND
THE HON'BLE MR. JUSTICE T. G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR)
This appeal is preferred by the defendant No.1 in O.S.No.12/2011 on the file of First Addl. Senior Civil Judge, Ballari. The Trial Court, by its judgment dated 09.09.2016 decreed the suit and held that plaintiffs No.1 and 2, and defendant No.1 are each entitled to 1/3rd share in undivided 1/3rd share of their deceased mother Smt.
Huligemma in 4 acres 48 cents of land in Sy.No.164 of Hariginadoni village, Ballari Taluk and District.
have no objection for modifying the operative portion of the judgment and decree. It is also the submission of Miss. Ranjeeta Reddy Alagawadi that the interest of respondents No.3 and 4 does not get affected if modification is made.
three parts, each of the plaintiffs No.1 and 2, and defendant No.1 will take 1/9th share. To this effect the Trial Court judgment is clarified. Appeal stands disposed of.
Sd/(SREENIVAS HARISH KUMAR) JUDGE
Sd/(T. G. SHIVASHANKARE GOWDA) JUDGE
NAA LIST NO.: 1 SL NO.: 32
1 issue framed by the court
Whether the trial court erred in decreeing equal shares without specifying the arithmetic fraction derived from the deceased mother's share.
2 provisions across 1 enactments
SMT. JANAMMA W/O. THIMMA REDDY
SMT. NEELAMMA W/O. HANUMANTHAPPA
SMT. SAVITHRI W/O. YERRISWAMY
SRI. YERRISWAMY S/O. SHANKRAPPA
SRI. THIMMAPPA S/O. HANUMANTHAPPA
THE SPECIAL LAND ACQUISITION OFFICER, KIADB
SREENIVAS HARISH KUMAR
T. G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
