Hampawwa W/O. Erappa Mellikeri v. Irappa Veereshappa S/O. Mudkappa Mellikeri
Partition – ancestral/joint family property – burden of proof
Case brief
What is this about?
Karnataka High Court, Dharwad Bench (NC: 2025:KHC-D:9032), RFA No. 4009 of 2012 under Order 41 Rule 1 r/w Section 96 CPC, decided 21.07.2025 by Hanchate Sanjeevkumar J. Appeal by plaintiffs (widow/mother Hampawwa and daughter Devamma of deceased Irappa) against dismissal of their partition suit O.S.No.76/2001 by Civil Judge (Sr. Dn.), Koppal. Held: ancestral/joint family character presumed on pleading, burden on defendants alleging self-acquisition/no nucleus/prior partition; revenue-record entries alone insufficient to defeat partition rights; cause of action survives DC's Ex.P-19 direction to civil court; maintenance litigation no bar to wife's share absent divorce. Defendants proved self-acquisition of Sy.No.17/E1 (Ex.D-1, O.S.No.74/2002) and Sy.Nos.41/e, 41/Ee (Ex.D-3, sale deed dated 12.06.1984); plaintiffs decreed half share by metes and bounds over Sy.No.17/E2 and schedule-B houses. Appeal partly allowed; trial decree modified.