Regular First Appeal against partition decree. Court held appeal disposed with liberty to appellant for equitable adjustment during final decree proceedings regarding property values and third respondent’s entitlement.
Appeal disposed of observing liberty to appellant for equitable adjustment in final decree proceedings.
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 20TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 100078 OF 2018 (PAR/POS)
BETWEEN:
THE KARNATAKA THANDA DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS GENERAL MANAGER, SRI. NAGARAJ C. CHAVAN, NO.6F, GPR TOWER, 1 AND 2 FLOOR, PARK ROAD TUSKER TOWN, SHIVAJINAGAR, BENGALURU-560051.
…APPELLANT
(BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI.B. SHARANABASAWA, ADVOCATE FOR R1 AND R2; R3 SERVED AND UNREPRESENTED)
THIS REGULAR FIRST APPEAL FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:02.02.2018 PASSED IN O.S.NO.47/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, KOPPAL, 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 B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE C M JOSHI
JUDGMENT
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
This appeal is by the second defendant in O.S.No.47/2014 on the file of the Senior Civil Judge, Koppal [for short ‘the civil Court’ ]. The civil Court, by the impugned judgment and decree dated 02.02.2018, has decreed the suit for partition filed by the first and the second respondents declaring that together they will be entitled for ½ share in the suit schedule properties while directing the third respondent to handover the vacant possession.
Survey No.189/21 [part of old Survey No.189/C and 142] of Bahadurbandi village, Koppal Taluk [one of the suit schedule properties and referred to as ‘ the subject property’ ]. According to the personal law applicable to the respondents, on the intestate demise of the mother, the third respondent would take double the share of the sisters, and therefore, the third respondent would be entitled for ½ share and the other respondents together would be entitled for the other ½ share. The appellant [a State Corporation] has purchased the subject property under the sale deed dated 06.06.2014 from the third respondent.
defective because of non-compliance with the requirement of Section 80 of the Code of Civil Procedure, 1908 [for short ‘ the CPC ’].
as and when final decree proceedings are initiated.
The appeal stands disposed of accordingly.
Sd/(B.M.SHYAM PRASAD) JUDGE
Sd/(C M JOSHI) JUDGE
YAN, LIST NO.: 1 SL NO.: 28
2 issues framed by the court
Whether the appeal should be dismissed due to defective notice under Section 80 CPC.
Whether equitable adjustment can be made regarding the appellant’s purchase in view of other land held by the third respondent.
2 provisions across 1 enactments
THE KARNATAKA THANDA DEVELOPMENT CORPORATION LIMITED
SMT. RAJABI W/O. RAJASAB
SMT. HUSAINBI W/O. BASHASAB
SRI. LAL HUSSAINSAB S/O. HUCHCHUSAB
B.M. SHYAM PRASAD
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
