Plaintiffs sought partition and separate possession of joint family property. Trial Court dismissed the suit finding an earlier partition had allotted the suit property to defendant No.1, as admitted by P.W.1 and supported by RTC mutations; First Appellate Court confirmed. Second appeal dismissed at admission for want of a substantial question of law.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.1301 OF 2018 (PAR)
BETWEEN:
S/O LATE BADAGI MUNISWAMAPPA AGED 66 YEARS, R/AT GUNJUR VILLAGE AND POST, BENGALURU EAST TALUK-560087.
G M VENKATA REDDY SINCE DEAD BY HIS LRS
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
…APPELLANTS
(BY SRI. JANARDHANA G.N., ADVOCATE)
AND:
G.H. MUNIYAPPA
SINCE DEAD BY HIS LR:
G M DEVARAJ S/O LATE G H MUNIYAPPA DEAD BY HIS LRS:
AND ALSO RESIDING AT GUDIYAM VILLAGE EANISONI POST, HOSUR TALUK KRISHNAGIRI DISTRICT TAMIL NADU - 600 008.
JAYAMMA
W/O LATE G H MUNIYAPPA SINCE DECEASED REP. BY LRS:
MUNIYAMMA W/O LATE MUNISHAMAPPA ALIAS MUTHAPPA SINCE DECEASED REP. BY LRS:
RESPONDENTS NO. 11 TO 14 ARE R/AT GUNJUR POST & VILLAGE BENGALURU - 560 087.
RESPONDENTS NO. 15 TO 17 ARE R/AT HARAPANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RUBAN DISTRICT.
…RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT AND DECREE DATED 24.03.2018 PASSED IN
R.A.NO.225/2012, ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 18.02.2011 PASSED IN O.S.NO.431/2003 ON THE FILE OF THE PRL. II CIVIL JUDGE (JR. DN.) BENGALURU RURAL DISTRICT, BENGALURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
NC: 2024:KHC:33006 RSA No. 1301 of 2018
by name Muthappa is not included as a party to the suit and there is no joint family property and the suit schedule property belongs to defendant No.1 and therefore, the suit is liable to be dismissed. In so far as land bearing Sy.No.303/1 measuring 4 acres 14 guntas, Sy. No.303/2 measuring 1 acre 25 guntas, and the suit schedule property in Sy.No.304/5 measuring 19 guntas, defendant No.1 has stated in the written statement that the suit property has been partitioned long back and same has been acted upon by the parties and there is change in the revenue records and accordingly, sought for dismissal of the suit.
No.225/2012 on the file of the First Appellate Court and same was resisted by the defendants. The First Appellate Court after considering the material on record, by its Judgment and Decree dated 24.03.2018, dismissed the appeal, confirming the Judgment and Decree in O.S. No.431/2003. Feeling aggrieved by the same, the appellants/plaintiffs have preferred this appeal.
NC: 2024:KHC:33006 RSA No. 1301 of 2018
come to the conclusion that, P.W.1 in the cross-examination admits the partition held in the joint family and the suit schedule property having been allotted to the share of defendant No.1 and in this regard Exs.D8 to D34 - RTC extracts were mutated in favour of defendant No.1 pursuant to the partition referred as per Ex.D2, and as such, I am of the view that, the Trial Court has rightly come to the conclusion to dismiss the suit of the plaintiffs. Perusal of the partition deed(Ex.D2) itself would indicate that there is severance of the joint family property as per the partition deed. In that view of the matter, the Trial Court, after appreciating the material on record has rightly dismissed the suit based on the admission made by P.W.1 as well as taking into consideration the evidence of D.W.2.
NC: 2024:KHC:33006 RSA No. 1301 of 2018
appeal, has framed points for consideration and by Judgment and Decree dated 24.03.2018, dismissed the applications along with the main appeal.
surviving for consideration.
SD/- (E.S.INDIRESH) JUDGE
sac
List No.: 1 Sl No.: 21
1 issue framed by the court
Whether the plaintiffs were entitled to partition of the suit schedule property when it had been allotted to defendant No.1 under an earlier family partition evidenced by Ex.D2 and revenue mutations.
2 provisions across 2 enactments
G M Munireddy
G V Chandra Reddy
G M Subramani
G.H. Muniyappa (since dead, by LRs)
G M Devaraj (since dead, by LRs)
Jayamma (since deceased, rep. by LRs)
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
