Smt Bellamma @ Ammayamma Vs C Krishnamurthy

SMT. BELLAMMA @ AMMAYAMMA W/O THARAKARI NARAYANASWAMY AGED BOUT 63 YEARS R/AT WARD No.5, NEAR CHURCH SIDLAGATTA ROAD, VIJAYAPURA BENGAURU RURAL DISTRICT-562 135

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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SMT. C. RATHNAMMA W/O P. CHIKKAMUNIYAPPA AGED ABOUT 55 YEARS R/AT No.35, 26^TH 'B' MAIN ROAD 2^ND CROSS, PUTTENAPALYA JAYANAGARA 9^TH BLOCK BENGALURU-560 069

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…APPELLANTS

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(BY SRI. SUNDARESH H.C., ADVOCATE)

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AND:

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C. KRISHNAMURTHY S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 52 YEARS R/AT. PURAHALLI VILLAGE VEMGAL HOBLI

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NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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KOLAR TALUK

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KOLAR DISTRICT-563 101

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PAPANNA

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S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 64 YEARS R/AT. No. 35, 1^ST MAIN ROAD 13^TH 'A' CROSS, SRINIDHI LAYOUT CHUNCHAGHATTA BENGALURU-560 062

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SRI. RAJANNA S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 56 YEARS R/AT. PURAHALLI VILLAGE VEMAGAL HOBLI, KOLAR TALUK KOLAR DISTRICT-563 101

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SMT. R. HAMSA SHREE W/O LATE C. NARAYANASWAMY AGED ABOUT 52 YEARS R/AT. No.148/5, 6^TH CROSS KADIVAPPA ROAD, DODDIGUNTA, COX TOWN BENGALURU-560 005

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SMT. HUJWALA SHREE N. D/O LATE C. NARAYANASWAMY AGED ABOUT 22 YEARS R/AT. No.148/5, 6^TH CROSS KADIVAPPA ROAD, DODDIGUNTA, COX TOWN BENGALURU-560 005

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…RESPONDENTS

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(BY SRI. HEGDE RAMAKRISHNA S., ADVOCATE FOR R1; SRI. K.H. LOKANANTH, ADVOCATE FOR R2 TO R5)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.08.2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & JMFC,

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NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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KOLAR, DECREEING THE SUIT FOR PARTITION AND INJUNCTION AND ETC.

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IN RFA NO. 722/2021: BETWEEN:

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SRI. KRISHNAMURTHY C. S/O. LATE CHIKKAMUNIYAPPA AGED ABOUT 50 YEARS R/AT. PURAHALLI VILLAGE VEMGAL HOBLI, KOLAR TALUK KOLAR DISTRICT-563 101

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...APPELLANT

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(BY SRI. HEGDE RAMAKRISHNA S., ADVOCATE)

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AND:

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SRI. PAPANNA S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 67 YEARS R/O. No.35, 1^ST MAIN ROAD 13^TH 'A' A CROSS SRINIDHI LAYOUT CHUNCHAGHATTA BENGALURU-560 062

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SRI. RAJANNA S/O LATE CHIKKAMUNIYAPPA AGED ABOUT 59 YEARS R/O. PURAHALLI VILLAGE VEMGAL HOBLI, KOLAR TALUK KOLAR DISTRICT-563 101

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SRI. NARAYANASWAMY S/O LATE CHIKKAMUNIYAPPA DEAD, REP. BY HIS LRS

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3(a). SMT. R. HAMSASREE W/O LATE NARAYANASWAMY AGED ABOUT 52 YEARS RAMAKRISHNA ROAD

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NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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DODDAKUTTE KAKSTOWN BENGALURU-560 005

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3(b). SMT. H. UJWALASHREE D/O ALTE NARAYANASWAMY AGED ABOUT 22 YEARS RAMAKRISHNA ROAD DODDAKUTTE KAKSTOWN BENGALURU-560 005

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SMT. BELLAMMA @ AMMAYIAMMA W/O THARAKARI NARAYANASWAMY D/O LATE CHIKKAMUNIYAPPA AGED ABOUT 61 YEARS R/AT. BEHIND THENGINATHOPU MARUTHINAGAR, VIJAYAPUR DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 135

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SMT. RATHNAMMA W/O. CHIKKAMUNIYAPPA D/O LATE CHIKKMUNIYAPPA AGED ABOUT 53 YEARS R/AT No.35, 6^TH 'B' MAIN ROAD 2^ND CROSS, PUTTENAPALYA JAYANAGARA 9^TH BLOCK BENGALURU-560 069

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...RESPONDENTS

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(BY SRI. H.C. SUNDARESH, ADVOCATE FOR R1, R2, R3(a & b), R4 & R5)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.03.2021 PASSED IN FDP No.15/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR, ALLOWING THE PETITION FILED UNDER ORDER 20 RULE 12 OF CPC AND ETC.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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5 - NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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RFA No.2146/2023 is filed by defendants No.3 and 4

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claiming an equal share in the properties. It is submitted that the properties initially belonged to Late Chikkamuniyappa who was the propositor of the Hindu Undivided Joint Family, and was acting as the Kartha of the family. The appellants and respondents No.1 to 3 are the children of Late Chikkamuniyappa, respondent No.4 is the daughter-in-law of Late Chikkamuniyappa and wife of Late Narayanaswamy and respondent No.5 is the granddaughter of Late Chikkamuniyappa and daughter of Late Narayanaswamy.

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It is submitted by the learned counsel for the appellants that the judgment and decree dated 18.08.2017 passed by the II Additional Senior Civil Judge and JMFC, Kolar in O.S.No.150/2015 ('trial Court' for short) is liable to be set aside on the ground that the daughter's right to an equal share in the property stands negated in the same. The suit was

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6 - NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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decreed holding that plaintiffs No.1, 2 and defendants No.1 and 2 each are entitled for 7/30^th share in all the suit schedule properties. It is submitted that Late Chikkamuniyappa had six children and that the appellants, being the daughters of Chikkamuniyappa are also entitled to 1/6^th share in the entire suit schedule properties.

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Learned counsel appearing for the respondents

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does not raise any serious objections to these contentions. However, it is submitted that in the final decree proceedings dated 03.03.2021 passed by the II Additional Senior Civil Judge and JMFC, Kolar in FDP No.15/2018, the contentions raised by respondent No.2, who is the appellant in RFA No.722/2021 that there is a burial ground in one of the properties has not been

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taken into account while drawing up of the final decree. It is submitted that if the parties are ready for a settlement of the issues, the entire property can be divided into six by metes and bounds.

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Having considered the contentions advanced, we

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are of the opinion that the contentions raised by the appellants in RFA No.2146/2023, that the appellants being the daughters

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7 - NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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of Late Chikkamuniyappa are entitled to 1/6^th share in the

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property is liable to be accepted. The judgment and decree passed by the trial Court is accordingly modified. It is made clear that the appellants as well as respondents No.1 to 3 and 4 and 5 jointly are entitled to 1/6^th share each in the suit schedule properties. In case the parties are agreeable to a distribution of the property by metes and bounds, the final decree Court can record the settlement and pass final decree accordingly.

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5. In the result:-

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(i) These Regular First Appeals are allowed .

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(ii) The preliminary decree dated 18.08.2017 passed by the II Additional Senior Civil Judge and JMFC, Kolar in OS No.150/2015 is accordingly modified, holding that the plaintiffs No.1 and 2, defendants No.1 to 3 and respondents No.4 and 5 jointly are divided to 1/6^th share each in the suit schedule properties.

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NC: 2025:KHC:31202-DB RFA No. 2146 of 2023 C/W RFA No. 722 of 2021

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HC-KAR

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(iii) The final decree dated 03.03.2021 passed by

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the II Additional Senior Civil Judge and JMFC, Kolar in FDP No.15/2018, is set aside.

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(iv) The matter is remanded to the final decree Court for drawing up of the final decree in accordance with law, after considering the contentions of all the parties.

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(v) The question whether the matter can be settled between the parties can also be explored by the final decree Court.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(RAJESH RAI K) JUDGE

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RAK,List No.: 1 Sl No.: 9

Smt Bellamma @ Ammayamma v. C Krishnamurthy

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Smt Bellamma @ Ammayamma v. C Krishnamurthy

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