Ranganath S/O. Narasinh Jamanis, v. Ramachandra S/O. Rangarao Jamanis
Case brief
What is this about?
Partition suits between family members (Bailhongal/Belagavi); proof of 1985 oral partition through mutation entry M.E.No.10186 dated 28.11.1985 / Ex.P6; reception of certified copy as additional evidence under Order 41 Rule 27 CPC; omission of co-sharer's (Laxmanrao's) share properties renders suit a partial partition — no partition decree; death of issueless brother — devolution on Class-II legal heirs under Schedule No.I, Hindu Succession Act, 1956; 1/6th share by metes and bounds; 1941 partition proved via mutation entry No.286 and gift deeds dated 27.03.1973; Karnataka High Court, Dharwad Bench; RFA No.3057/2011; RSA No.5926/2011; Niroop D.J. v. D.A. Jayarame Gowda, HCR 2024 Kant. 21.
What did the court decide?
RFA No.3057/2011 dismissed and the judgment and decree dated 05.03.2011 in O.S.No.37/2005 (Senior Civil Judge, Bailhongal) confirmed; RSA No.5926/2011 allowed in part, with the judgments and decrees of 18.07.2009 in O.S.No.79/2004 and 27.07.2011 in R.A.No.25/2009 modified so that the plaintiffs in O.S.No.79/2004 are entitled to a 1/6th share in the suit schedule properties by metes and bounds; decree to be drawn accordingly; no order as to costs.