Sri S M Manjunath v. Sri Prabhu
Case brief
What is this about?
Karnataka High Court regular first appeal under Section 96 r/w Order XLI Rule 1 CPC by plaintiffs in a partition suit (O.S.No.8854/2011, XVII Addl. City Civil & Sessions Judge, Bengaluru, decree dated 19.03.2014). Key terms: intestate succession; coparcener/co-parcener share in self-acquired and KHB-allotted property; gift deed by mother (defendant No.1, dated 09.05.2005, Ex.P.17) held contrary to Supreme Court ruling; Vineetha Sharma vs. Rakesh Sharma, AIR 2020 SC 3717; modification of Trial Court findings on share in 'A' schedule property; entitlement fixed at 1/7th share each in schedules 'A' and 'B'; appeal allowed, partial decree set aside. Bench: Justice E.S. Indiresh (single member, oral judgment).
What did the court decide?
Appeal allowed; the Trial Court's grant of half of the 1/7th share to plaintiffs and defendants No.2 to 4, 5 and 6 and 7 in 'A' schedule property is set aside. Plaintiffs and defendant No.7 are entitled to 1/7th share each, defendants No.2 to 4 together 1/7th share, and defendants No.5 and 6 together 1/7th share, in suit schedule 'A' and 'B' properties; the suit of the plaintiffs is decreed holding plaintiffs entitled to 1/7th share each in the suit schedule properties.