High Court of Karnataka at Bengaluru (Hanchate Sanjeevkumar, J., oral judgment dated 19.09.2025) dismissed the plaintiff Siddaraju's (by his LRs) Regular First Appeal under S.96 CPC against the judgment and decree dated 08.04.2019 of the XXXIX Additional City Civil Judge, Bangalore City, in O.S.No.7043/2010, which had partly decreed his suit for partition and separate possession granting only suit Item Nos.2, 5 and 10. Held: although the parties constitute a Hindu Joint Undivided Family of propositus Siddappa, only suit Item Nos.2, 5 and 10 are ancestral/joint family properties; suit Item Nos.1, 3, 4 and 6 to 9 are the self-acquired properties of defendant No.3 (J.S. Revanasiddaiah) - Item No.1 (bought by defendant No.1 in 1974 when the plaintiff and other children were minors) was gifted to defendant No.3 by registered gift deed dated 16.06.2010 (Ex.D-3) with no rebuttal; Item No.3 (bought in 1987 in the names of defendant Nos.1 and 2 for Rs.38,000/-) was paid for out of defendant No.3's own savings remitted from Bangalore (Ex.P-39 bank passbook; he had left the village at 15 and secured a Government job in 1981); Item Nos.4, 6, 8 and 9 (bought 2000-2002 by registered sale deeds) were taken in the names of defendant No.3's wife and children through defendant No.2 as GPA holder while he served in the Commercial Tax Department; Item No.7, though standing in the name of home-maker defendant No.7, was purchased with income contributed by defendant No.3 (per DW1). Execution of defendant No.1's Will in favour of defendant No.3 was proved through attesting witnesses DW4 and DW5. Point No.(i) answered partly affirmative, Point No.(ii) affirmative, Point No.(iii) negative; the trial court's judgment and decree dated 08.04.2019 confirmed; no costs.
