Second appeal against concurrent decrees for partition under a 1977 settlement deed by Doddamma in favour of plaintiff and defendant No.5. The High Court held that the settlor's unilateral cancellation deed of 1985, executed without joining the beneficiaries, could not defeat their half shares and dismissed the appeal.
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:32288 RSA No. 1423 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.1423 OF 2023 (PAR)
BETWEEN:
SMT. BASAMMA, W/O. K. MAHADEVAPPA, AGED ABOUT 68 YEARS, DEAD BY LRS.,
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
MAHADEVAMMA, D/O. LATE K. MAHADEVAPPA, W/O. MALAPPA, AGED ABOUT 60 YEARS, R/O. TAMADAHALLI VILLAGE, TALUK AND DISTRICT CHAMARAJANAGAR, PIN CODE-571 313.
R/O. MALAVALLI, TALUK GUNDLUPET,
PIN CODE - 571 111.
S/O. LATE K. MAHADEVAPPA, AGED ABOUT 48 YEARS, R/O CHENNANJAIHHUNDI, CHIKATEPPUR POST, TALUK GUNDLUPET, PIN CODE - 571 111.
…APPELLANTS
(BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE)
AND:
NC: 2024:KHC:32288 RSA No. 1423 of 2023
STATE BANK OF INDIA, CHAMARAJANAGAR BRANCH, CHAMARAJANAGAR, PIN CODE - 571 313.
…RESPONDENTS
(BY SRI. RAVISHANKAR S., ADVOCATE FOR R1;
NOTICE TO R2 AND R3 - SERVED UNREPRESENTED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.07.2023 PASSED IN R.A.NO.5030/2019 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, (SITTING AT KOLLEGALA), PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 09.07.2019 PASSED IN O.S.NO.43/2017(49/2014) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
JUDGMENT
This appeal is preferred by defendant Nos.1 and 2 challenging the judgment and decree dated 20.07.2022 in R.A.No.5030/2019 on the file of the Additional District and Sessions Judge, Chamarajanagara (sitting at Kollegala), modifying the judgment and decree dated 09.07.2019 in O.S.No.43/2017 on the file of the Senior Civil Judge and JMFC, Gundlupet, decreeing the suit of the plaintiff.
his wife Doddamma and they had no issues. The Madamma D/o Kalappa had 6 children viz.,
Basavarajappa, Shivanna, Madaveamma, Bellamma, Rathnamma and Rajamma. Defendant No.1 got 7 children viz., Mahadevamma, Kempamma, Nagamma, Rathnamma, Shivamma, Manju and Mahesha.
the Settlement Deed dated 22.04.1977 and settled the properties in favour of the plaintiff and defendant No.5, however, the said Doddamma has cancelled the said Settlement Deed on 06.06.1985. Accordingly, it is the contention of defendant Nos.1 and 2 that, the plaintiff is not entitled for share in the suit schedule properties. Defendant Nos.3 and 4 are the Bank Authorities, and the suit schedule properties are the subject matter as per the liability of the plaintiff and defendant No.5. It is the case of defendant No.5 that, he has adopted the written statement of defendant Nos.1 and 2.
on record by its judgment and decree dated 09.07.2019 decreed the suit holding that the plaintiff and defendant No.5 each are entitled for half share in the suit schedule properties.
would
set out as under:
NC: 2024:KHC:32288 RSA No. 1423 of 2023
GENEALOGICAL TREE
Madappa [dead]
Thayamma [wife/dead]
kalappa [son/dead] Puttamadappa[Wife/Dead] Kongalappa[son/dead]
Channamma Madamma Doddamma
[Wife/Dead] [Wife/Dead] [wife/Dead]
Madamma Kongalappa Chinnamma Mahadevappa
[Daughter/dead] [Son/Dead] [daughter/dead] [son/dead]
Puttamadappa Mahadevamma Basavaraja Mahesha Swamy Basamma
[Husband/dead] [daughter/51 years] [son/49 years] [son/47years] [son/45 years] [wife/dead]
Basavarajappa Shivanna Mahadevamma Bellamma Rathnamma Rajamma
[son/64 years] [son/59 years] [daughter/54 years] [daughter/51 years] [daughter/47 years] [daughter/44 years]
Mahadevamma Devammanni Shivamma Nagamma Manju Nageshamma Somesh
[daughter/60 years] [daughter/58 years] [daughter/55 years] [daughter/dead] [son/48 years] [daughter/45 years] [son/41 years]
NC: 2024:KHC:32288 RSA No. 1423 of 2023
the plaintiff and defendant No.5 are entitled for ½ share each in the suit schedule properties, which belongs to Doddamma and said properties are the subject matter of properties in the registered Settlement Deed dated 22.04.1977. However, insofar as loan liability of plaintiff and defendant No.5 is concerned as the plaintiff and defendant No.5 are entitled for ½ shares each in the suit schedule properties, the Plaintiff and defendant No.5 are equally entitled to discharge the loan, if any, in respect of suit schedule properties on the similar terms.
Accordingly, the appeal is dismissed at the stage of admission itself as appellants have not made out case for formulation of substantial question of law as required under Section 100 of C.P.C.
SD/(E.S.INDIRESH) JUDGE
TMP/List No.: 1 Sl No.: 37
1 issue framed by the court
Whether a unilateral cancellation deed of a registered settlement deed, without the beneficiaries being parties, is valid so as to defeat the plaintiff's claim to partition.
1 provisions across 1 enactments
Mahadevappa
Smt. Basamma (dead by LRS)
Mahadevamma
Devamani
Smt. Shivamma
Manjunath
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
