Sri. Ramanayak S/O. Dharamanayak Patil v. Smt. Sumitra W/O. Ramanayak Patil
Case brief
What is this about?
Keywords: partition and separate possession; coparcenary rights of daughters pre-1956; Hindu Women's Rights to Property Act 1937, Sections 3(2) and 3(3); Hindu Succession Act 1956 Sections 6 and 15; non-retrospectivity of Hindu Succession Act; notional share of deceased propositus; Bombay School of Mitakshara widow's equal share; re-grant of resumed village-office inam lands (Mysore/Karnataka Village Offices Abolition Act 1961, Sections 4, 5, 6, 7, 9); onus on re-grantees to prove exclusive cultivation; undivided interest surviving daughter's marriage; mesne profits; mutation ME.No.1050 dated 22.08.1966; RFA under Section 96 CPC and cross-objection under Order XLI Rule 22(1) CPC; Division Bench, High Court of Karnataka, Dharwad; judgment dated 04.11.2025 by R.Nataraj J.
What did the court decide?
RFA No.100284/2018 and RFA Crob No.100010/2018 allowed in part: plaintiffs entitled to 1/6th share each in Block No.25 of Chikkamalligwad, Block No.612 of Kelageri, Block No.88 of Daddikamalapur and the house property in Schedule 'B'; 1/3rd share each in Block Nos.26, 45 and 198 of Chikkamalligwad; plaintiffs also entitled to mesne profits; defendants together entitled to 2/3rd share in the former properties and 1/3rd share in Block Nos.26, 45 and 198; parties to bear their own costs; Registry directed to draw a decree.