Smt Honamma v. Ramani
Partition – Regular Second Appeal under S.100 CPC against reversal of trial decree
Case brief
What is this about?
Karnataka High Court RSA No. 1203 of 2013 (decided 21.07.2025, Ashok S.Kinagi, J.) — partition suit O.S. No.69/2007 (Civil Judge Sr.Dn., Bantwal) decreed, reversed in R.A. No.89/2009, restored in second appeal. Keywords: Section 100 CPC; substantial question of law; Land Tribunal occupancy rights; Form No.7; Form No.10; Karnataka Land Reforms (Amendment) Act 1974; joint family / Hindu undivided family; ancestral property; grantee sole male member; lease-hold to free-hold conversion; Land Tribunal lacks partition jurisdiction; Civil Court partition of granted land; Section 6 Hindu Succession (Amendment) Act 2005; daughter's share; Vineeta Sharama vs. Rakesh Sharma AIR 2020 SC 3717 (relied on); Narayana vs. A. Sadashiva ILR 2000 KAR 487 (referred via counsel); Dakshina Kannada / Mangaluru / Bantwal; RTC extracts Exs.P1-P6.
What did the court decide?
Regular Second Appeal allowed; judgment and decree dated 19.03.2013 in R.A. No.89/2009 set aside; judgment and decree dated 28.07.2009 in O.S. No.69/2007 restored; no order as to costs; pending interlocutory applications disposed of.