Partition suit over property allotted to the plaintiff's deceased son; courts below held she was a Class I heir entitled to an equal 1/3rd share with the widow and son. The High Court found no substantial question of law and dismissed the second appeal, confirming the decrees.
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 AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
REGULAR SECOND APPEAL NO.2448 OF 2017 (PAR)
BETWEEN:
BOTH ARE R/AT DASARANGAMMANAPALYA, KUDUR AND HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 561 101. ... APPELLANTS
(BY SRI S. NAGESH, ADVOCATE)
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
AND:
SMT. LAKSHMAMMA AGED ABOUT 81 YEARS, W/O. LATE K.V. GOVINDAIAH, R/AT DASARANGAMMANAPALYA, KUDUR AND HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 561 101. ... RESPONDENT
(BY SRI OMKARA MURTHY G., ADVOCATE)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.09.2017 PASSED IN RA.NO.77/2015 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 17.10.2015 PASSED IN O.S.NO.1013/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Assailing the legality and correctness of the
concurrent findings of facts recorded by the Courts below, defendants No.1 and 2 are before this Court in the Regular Second Appeal.
rank before the trial Court for the sake of convenience.
1/3rd share in the suit schedule property (sy. No.231/4 measuring 1 acres 36 guntas), the plaintiff is the wife of one K V Govindaiah, they had five daughters and a son, by name Sridharamurthy. It is stated that the plaintiff and her children effected partition after the death of her husband K V Govindaiah under partition deed dated 21.05.2007, as per the partition deed, the property
bearing No.231/4 measuring 1 acre 36 guntas situated at Kuduru Village has been allotted to the share of Sridharamurthy, the son of the plaintiff, Sridhara Murthy died on 18.03.2012, the plaintiff and defendant Nos.1 and 2 are his class-I legal heirs and entitled for share in the suit property fallen to the share of Sridharamurthy.
framed the following issues:
NC: 2024:KHC:37716 RSA No. 2448 of 2017
2. Whether the plaintiff prove that she is entitle for partition and separate possession of her 1/3rd share in the suit schedule property?
3. Whether the defendants prove that there was a partition in the family on 21.05.2007 and parties to the partition are enjoying their share of property separately?
4. Whether the defendants prove that Rs.50,000/- has been paid to the plaintiff as per the partition deed and it was mentioned as 'A' schedule property?
5. Whether the plaintiff is entitle for the relief sought for in this suit?
6. To what order or decree?”
oral and documentary evidence arrived at a conclusion
that the plaintiff has proved that she and the defendants are the joint family members and the suit property is the joint family property and the plaintiff being the Class I heir as envisaged under Section 8 of the Hindu Succession Act, 1956 (hereinafter referred to as 'the Act' for short) is entitled for equal share with that of defendants No.1 and 2 and decreed the suit of the plaintiff, allotting 1/3rd share to the plaintiff and defendant Nos.1 and 2 to be entitled for 1/3rd share each in the suit property.
K V Govindaiah (Dead)
Lakshmamma (80) (plaintiff)
____________________________________________________ Anantadevi Girijamma Padma K.G.Kamaladevi K.G.Indamma K.G.Sridharamurthy (Dead) (Dead) Rajanna K.Umadevi (D-1) Asha Lakshmisha (D-2)
Sridharamurthy, son of plaintiff, husband of defendant No.1 and father of defendant No.2. Said Sridharamurthy died on 18.03.2012, leaving behind his wife (defendant No.1), son (defendant No.2) and mother (plaintiff). Section 8 of the Act envisages that when the property of a male Hindu dying intestate shall devolve according to the provisions of chapter-II- firstly, upon the heirs, being the relatives specified in Class I of the schedule. The plaintiff, being the mother, is the Class I heir of deceased Sridharamurthy and on his death, the plaintiff is entitled for share along with other legal heirs of Sridharamurthy,
who are defendants No.1 and 2. It is also brought to the notice of this Court that the husband of defendant No.1 was working as a teacher in a Government school and on compassionate appointment, defendant No.1-daughter-inlaw of the plaintiff has been given employment.
the Courts below have assessed the entire oral and documentary evidence and the proposition of law, this Court is of the considered view that the same does not warrant any interference by this Court under Section 100 CPC and no substantial question of law arises for consideration in the present appeal and this Court pass the following -
ORDER
i. The Regular Second Appeal is hereby dismissed .
NC: 2024:KHC:37716 RSA No. 2448 of 2017
ii. The impugned judgment and decree of the
Courts below stands confirmed .
Sd/(K.S. HEMALEKHA) JUDGE
YKL List No.: 1 Sl No.: 10
2 issues framed by the court
Whether the plaintiff, as mother and Class I heir under Section 8 of the Hindu Succession Act, is entitled to a 1/3rd share in the property allotted to her deceased son.
Whether the concurrent findings of the courts below warrant interference in the second appeal.
2 provisions across 2 enactments
Smt. K. Umadevi
Kum. Lakshmisha
Smt. Lakshmamma
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
