Vithoba S/O Panduranga Prabhu v. Ramesh S/O Panduranga Prabhu
Case brief
What is this about?
Karnataka High Court Dharwad; RFA No.100089/2016 c/w RFA No.100098/2016; partition and separate possession suit O.S.No.9/2014 Senior Civil Judge Honnavar; proof of registered Will Ex.P.38 dated 10.02.2005; initial presumption of genuineness of registered Will; Metpalli Lasum Bai v. Metpalli Muthaih 2025 INSC 879; attesting witness P.W.2 discrepancies immaterial; Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1; Prakash v. Phulvati 2015 4 KCCR 3265 overruled; Section 6 Hindu Succession Act 1956; daughters as coparceners equal shares; equal division among children of Vasanth; defendant No.9 excluded as son of daughter dead since 1953; pre-suit alienations Exs.P.42-43 adjustment in final decree; Section 96 CPC; Order 41 Rule 1 CPC; Section 68 Evidence Act 1872; Section 63 Indian Succession Act 1925.
What did the court decide?
Both appeals allowed; the impugned judgment and decree dated 28.01.2016 in O.S.No.9/2014 modified — plaintiff declared entitled to partition and separate possession of 1/4th share; defendants No.1 and 2 to 1/8th share each; defendants No.3 to 8 to 1/12th share each in the suit schedule properties; alienations under Exs.P.42 and P.43 by defendant No.4 to be taken into account by the final decree court while adjusting equities; Registry to draw the modified decree