Smt. Sumithra, v. Sri W Shivakumar

What is this about?

Partition suit – modification of preliminary decree – intestate succession of Hindu male – Section 8 Hindu Succession Act 1956, Class-I heirs – children of void second marriage entitled under Section 16(1) Hindu Marriage Act 1955 – widow of void marriage excluded from inheritance – judicial admission in written statement binding – parties bound by pleadings, no approbate and reprobate – plea of self-acquired property of Hindu female rebutted by Exs.P.60 and P.61 – condonation of inordinate delay in Regular First Appeal – substantial justice over technicality – pendente lite purchaser subordinate to co-sharers – withdrawal of appeal no forfeiture of share – final decree set aside – FDP remanded – fresh Commissioner and revised feasibility report – status quo direction – impleadment of claimed tenants refused – security deposit refund claim to independent civil suit – RFA Nos.1842, 1847, 1866 and 1872 of 2024 – High Court of Karnataka.

What did the court decide?