Hanumantha Naik S/O Panduranga Naik v. Smt Padmavathamma W/O Vamana Naik
Case brief
What is this about?
Partition suit; Ex.D-1 palupatti; unregistered family arrangement admitted by plaintiff; 1989 partition/panchayath; severance of status; partial decree of four Khaneshmari properties (Nos.159, 158, 157, 156); miscarriage of justice; probative value of admitted partition memo; S.96 CPC regular first appeal; RFA No. 2544 of 2006; High Court of Karnataka, judgment dated 26.11.2025; O.S.No.82/1995 Sagar; 1972 registered partition between Vaman Naik and Panduranga Naik; adoption of Ratnakar Naik; appeal against R9 abated.
What did the court decide?
Appeal allowed in part. Dismissal of the suit in toto is set aside; suit decreed in part directing that the plaintiff is entitled to the four properties mentioned in the body of the judgment which are part of Ex.D-1 (east portions of Khaneshmari Nos.159, 158, 157 and 156, which are not suit schedule properties); Office directed to pass appropriate decree; no order as to costs.