In this regular second appeal against a partition decree, the High Court of Karnataka dismissed the appellant's challenge to the court' alteration of a 1/11th share to 1/9th.
The appeal is dismissed, confirming the order dated 16.11.2015 passed by I Addl. Senior Civil Judge and CJM, Shivamogga.
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: 2024:KHC:5060 RSA No. 1092 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 1092 OF 2019 (PAR)
BETWEEN:
S R MALLESHAPPA
S/O LATE S R RANGAIAH
AGED ABOUT 68 YEARS R/O "RANGANATHA NILAYA" OPP STATE BANK OF MYSORE N T ROAD, SHIVAMOGGA - 577 201.
…APPELLANT
(BY SRI. P N HARISH, ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
NC: 2024:KHC:5060 RSA No. 1092 of 2019
8. S T CHAYADEVI D/O LATE S R THIMMAIAH AGED ABOUT 50 YEARS
RESPONDENTS 8 AND 9 ARE RESIDING NEAR MANGALORE POVA MILL, N.T.ROAD, SHIVAMOGGA-577 201.
10. SHIVAMMA
RESPONDENTS 1 TO 22 ARE RESIDING AT OPP STATE BANK OF MYSORE N T ROAD, SHIVAMOGGA-577 201.
25. S B INDUDHAR S/O H P BALAPPA MAJOR IN AGE
RESPONDENTS 23 TO 27 ARE RESIDENTS OF 'SRI BHEEMAMBIKA NILAYA' 6TH CROSS, RAVINDRANAGARA SHIVAMOGGA - 577 201.
28. S T SRINIVASA
S/O LATE S R THIMMAIAH AGED ABOUT 54 YEARS R/O N T ROAD NEAR MANGALORE POVA MILL SHIVAMOGGA - 577 201.
29. S T VASUDEVA
S/O LATE S R THIMMAIAH AGED ABOUT 56 YEARS R/O N T ROAD SHIVAMOGGA 577201
…RESPONDENTS
(BY SRI. PRASHANTH H.S., ADVOCATE FOR C/R1)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.03.2019 PASSED IN R.A.No.3/2016 ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA
NC: 2024:KHC:5060 RSA No. 1092 of 2019
DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 16.11.2015 PASSED IN FDP No.1/2000 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE AND CJM., AT SHIVAMOGGA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by respondent No.3 who was one of the plaintiffs in O.S.No.198/1988, aggrieved by the order dated 16.11.2015 passed in FDP No.1/2000 on the file of the I Additional Senior Civil Judge and CJM, Shivamogga, which is confirmed by order dated 19.03.2019 passed in R.A.No.3/2016 on the file of the II Additional District and Sessions Judge, Shivamogga.
allotment of share. Being aggrieved by the said order, appellant herein along with two others filed R.A.No.3/2016 which was dismissed confirming the judgment and order passed by the Trial Court in FDP. Aggrieved by the same, present appeal is filed before this Court.
NC: 2024:KHC:5060 RSA No. 1092 of 2019
adverting to such statement of objections have allowed the proceedings giving raise to substantial questions of law requiring consideration at the hands of this Court.
NC: 2024:KHC:5060 RSA No. 1092 of 2019
had sold their share during their lifetime and nothing remained for enhancing the share, the Trial Court has taken note of the fact that alteration of the shares from 1/11th to 1/9th was effected by order dated 30.09.2011 and has not been challenged by any of the parties and the said order has attained its finality. The question on the said order is raised at the end of the proceedings and the Trial Court cannot sit on its own order as an Appellate Court to modify the same. Hence, rejected the contentions of the appellants.
Sd/JUDGE
SBN
3 issues framed by the court
Whether the Trial Court erred in altering the share from 1/11th to 1/9th subsequent to the death of respondents No. 6 and No. 10.
Whether the Trial Court correctly held that purchasers of shares were not necessary parties under Section 52 of the Transfer of Property Act.
Whether the alteration of shares contained in a prior unchallenged order attained finality and barred further modification.
2 provisions across 2 enactments
S R MALLESHAPPA
SMT. S R SEETHAMMA
PRASANNA KUMAR T.S.
SURESH KUMAR T S
BHAGYASHRI A. PATIL
S.P. NAGAMMA
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
