Rama Timma Gowda v. Honna Rama Gouda
Case brief
What is this about?
In a regular second appeal regarding a suit for partition, the High Court of Karnataka dismissed the appeal. The court upheld the first appellate court's finding that suit properties were joint family properties based on admissible Form No. 7 and revenue statements, despite defendants' contrary claims.
What the court decided
NC: 2024:KHC-D:2311 RSA No. 3054 of 2006
- 1 -
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.3054/2006(PAR) BETWEEN:
- RAMA TIMMA GOUDA, AGE: 55 YEARS, AGRICULTURE, R/O: BADAGI VILLAGE,
- TQ: SIRSI, DIST: UTTAR KANNADA.
- KRISHNA TIMMA GOUDA, AGE: 52 YEARS, AGRICULTURE, R/O: BADAGI VILLAGE, TQ: SIRSI, DIST: UTTAR KANNADA.
- RAMACHANDRA TIMMA GOUDA, AGE: 57 YEARS, AGRICULTURE, R/O: BADAGI VILLAGE, TQ: SIRSI, DIST: UTTAR KANNADA.
- MANJI W/O. KOSA GOUDA, AGE: 52 YEARS, AGRICULTURE AND HOUSEHOLD, R/O: CHAMBLIGADDE, IN ONIGADDE VILLAGE, SIRSI TALUK, DIST: UTTARA KANNADA (DIED).
Issues for consideration
3 issues framed by the court
Whether the reasoning of the first appellate court was perverse in construing property acquired subsequent to the 1976 oral partition as joint family property based on documentary evidence?
Whether the first appellate court was justified in relying on statements made in revenue proceedings to determine ownership of suit properties?
Whether the defendants have established that the suit properties were their self-acquired properties held by adverse possession?
Parties & counsel
- appellant
Rama Timma Gouda
- appellant
Krishna Timma Gouda
- appellant
Ramachandra Timma Gouda
- respondent
Honna Rama Gouda
- respondent
Subba Rama Gouda
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · February
- Registered
- Case no.
- RSA/3054/2006
Similar cases
Judgements on the same questions, provisions and authorities, from every court