Plaintiffs, children of a second wife of a living father, sought partition of his properties claiming coparcenary rights. Courts below held children of void marriages cannot partition during father's lifetime. High Court applied Supreme Court reference ruling to dismiss appeal and confirm decrees.
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NC: 2024:KHC:42894 RSA No. 730 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 730 OF 2013 (PAR)
BETWEEN:
D/O RAMAPPA, AGED ABOUT 24 YEARS, R/AT NIDRAMANGALA VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT-563 101.
…APPELLANTS
(BY SRI.B.N.UMESH FOR
SRI. M NARAYANA REDDY.,ADVOCATES)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH
Location: HIGH COURT OF KARNATAKA
S/O LATE CHIKKANNA, AGED ABOUT 57 YEARS,
S/O RAMAPPA, AGED ABOUT 32 YEARS,
NC: 2024:KHC:42894 RSA No. 730 of 2013
RESPONDENTS 1 TO 3 ARE R/AT NIDRAMANGALA VILLAGE TEKAL HOBLI MALUR TALUK KOLAR DISTRICT-563 101.
D/O RAMAPPA, W/O NARAYANASWAMY, AGED ABOUT 30 YEARS, R/AT KODUR VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 101.
…RESPONDENTS
(BY SRI.V.VISHWANATH SHETTY.,ADVOCATE FOR R-1 TO R-4)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 29.1.2013 PASSED IN R.A.NO.237/2011 (Old R.A. no.79/2010) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC., MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 24.4.2010 PASSED IN OS.NO.431/2006 ON THE FILE OF THE I ADDL. CIVIL JUDGE (JR.DN) MALUR.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment & decree dated 29th January 2013 passed in R.A. no.237/2011 (old R.A. No.79/2010) by Senior Civil Judge & JMFC, Malur ("first appellate Court" for short) and judgment & decree dated 24th April 2010 in O.S. no.431/2006
NC: 2024:KHC:42894 RSA No. 730 of 2013
passed by 1st Addl. Civil Judge (Jr.Dn.), Malur ("trial Court" for short), this appeal is filed.
Nirmalamma and others v. G. Seethapathi and others
reported in AIR 2001 AP 104 & holding that though children born of void or voidable marriages were entitled to inherit property of their parents, they could not claim partition during
life time of their father. Even appeal preferred by plaintiffs before first appellate Court came to be dismissed on same ground leading to this appeal.
are children born to second wife of defendant no.1 during life
time of first wife. Therefore, ratio of reference answered by Hon'ble Supreme Court in Revanasiddappa and another v. Mallikarjun and others reported in (2023)10 SCC 1, holding that children of void marriage would be entitled to succeed to property of their parents, but cannot claim partition during life time of their father, above substantial questions of law require to be answered against plaintiffs/appellants.
Consequently, appeal would be devoid of merits and stands dismissed . Judgment & decree dated 29th January 2013 passed by first appellate Court in R.A. no.237/2011 (Old R.A no.79/2010) and judgment & decree dated 24th April 2010
passed by trial Court in O.S. no.431/2006 are confirmed.
Sd/(RAVI V HOSMANI) JUDGE
GSS List No.: 1 Sl No.: 50
2 issues framed by the court
Whether children born of a void marriage can claim partition of their father's joint family properties during his lifetime.
Whether the courts below erred in ignoring Section 16(3) of the Hindu Marriage Act and Section 3 of the Hindu Succession Act.
Colour shows how this judgement treated each authority
Jinia Keotin v. Kumar Sitaram ManjhiReferred¶4
(2003)1 SCC 730 · Who else cites this
G. Nirmalamma and others v. G. Seethapathi and othersReferred¶4
AIR 2001 AP 104 · Who else cites this
Neelamma and Ors - Vs- N Sarojamma and OrsReferred¶5
(2006) 9 SCC 612 · Who else cites this
Revanasiddappa and Anr. Vs. Mallikarjun and OrsReferred¶5
2011 AIR SCW 2447 · Who else cites this
Revanasiddappa and another v. Mallikarjun and othersApplied¶6
(2023)10 SCC 1 · Who else cites this
2 provisions across 2 enactments
SUDHA D/O RAMAPPA
SHOBA D/O RAMAPPA
RAMAPPA S/O LATE CHIKKANNA
MUNIRAJU S/O RAMAPPA
MANJUNATHA S/O RAMAPPA
VEENA D/O RAMAPPA, W/O NARAYANASWAMY
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
RAVI V HOSMANI
Parties & counsel
