Shri Sanganagouda S/O Veeranagouda Patil v. Smt Parvati W/O Shivayogi Budayyanavarmath
Partition – Regular First Appeal by defendant brothers
Case brief
What is this about?
Karnataka High Court, Dharwad Bench; RFA No.100563/2023 (PAR/POS); decided 17.12.2025; judgment per R. Devdas, J. with B. Muralidhara Pai, J. Topics: partition and separate possession; Hindu joint family; nucleus doctrine and burden of proving self-acquisition; admission in cross-examination not conclusive proof; independent income of purchaser-coparceners; item-wise dismissal of partition suit; modification of decree under Section 96 read with Order 41 Rule 1 CPC. Precedents engaged: Bhagwat Sharan (dead through LRs) v. Purushottam, (2020) 6 SCC 387; Randhi Appalaswami v. Randhi Suryanarayanamurthi, 1947 SCC ONLINE PC 42 (both applied). Useful for: cases where siblings in salaried/service employment purchase land and contend it is self-acquired despite admitted sales of joint family properties; standard of proof that sale consideration flowed from a joint family nucleus. Note: respondent No.2 served but unrepresented; relinquishment deed by defendant No.5 during appeal recorded as claimed, not adjudicated.