Smt. Veeramma W/O Channabasayya Hiremath v. Veerabhadrayya S/O Shivayogayya Hiremath
Case brief
What is this about?
prior oral partition; burden of proof on daughter-partition defence; Vineeta Sharma v Rakesh Sharma (2019) 9 SCC 1; section 6(5) Hindu Succession Act explanation; khata mutation, compensation and alternative site insufficient to prove partition; power of attorney holder evidence; Section 120 Evidence Act spouses; bona fide purchaser cannot defeat partition share in preliminary decree; possession and equities worked out in final decree proceedings; intestate succession Sec.8 separate property (2016(5) KCCR 1273 (DB)); Sec.14(1)/14(2) limited estate in lieu of maintenance; counter claim disposal; Upper Krishna Project submersion; rehabilitation plot Sector 20 Navanagar; CTS No.182/C and 182/D; Bagalkote O.S.No.58/2012; RFA (DEC) 2022 Dharwad Bench
What did the court decide?
RFA No.100282/2022 and RFA No.100251/2022 allowed; RFA No.100132/2022 dismissed. Decree dated 14.12.2021 in O.S.No.58/2012 confirmed insofar as it decreed the suit for Item Nos.1 and 2; the dismissal of the suit for Item Nos.3 and 4 set aside and the suit decreed for those items as prayed for; the counter claim of Defendant Nos.8 and 9 set aside and disposed of, with all parties including purchaser-defendants 4 to 9 relegated to work out remedies in the final decree proceedings; liberty reserved to seek inclusion of additional properties standing in the name of Defendant No.1, to be adjudicated in the final decree proceedings; pending I.As disposed of as not surviving for consideration.