Sri N Manjunath Vs Smt Girijamma — Succession and Inheritance | Karnataka HC (2025)

Sri N Manjunath Vs Smt Girijamma — Succession and Inheritance | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the suit schedule properties are ancestral joint family properties of the plaintiffs and defendant No.1 (Trial Court issue No.1). +3 more

Ratio / Principle

No ground was found to admit the second appeal or to frame any substantial question of law invoking Section 100 of CPC; the concurrent findings of the courts below were accepted and the appeal dismissed.

Key takeaways

This Court endorsed the courts below: both had correctly concluded that the Wills propounded by defendant No.1 (Exs.D.4 and 24) were not proved by acceptable evidence and that neither court committed any error in granting the plaintiffs their share.ratio¶67

Detailed headnote1 paragraphs

Partition - Regular Second Appeal under S.100 CPC against concurrent findings - dismissed for want of a substantial question of law. The plaintiffs, sisters of defendant No.1 (arrayed as respondents 1-4), sued for partition and separate possession, pleading that the father N. Nanjundappa acquired item No.1 under a registered sale deed of 1972-73 (Ex.P.3, dated 04.05.1972) out of joint family nucleus and executed a registered Will dated 26.06.2002 (Ex.P.28) allotting each child a 1/5th share, and that item No.2 (an open plot) stood in the mother Puttarajamma's name; defendant No.1 pleaded an unregistered Will dated 28.02.2001 in favour of himself and defendant No.2, a further Will by the mother dated 28.03.2008, and a sale of item No.2 to defendant No.3 by registered deed dated 09.04.2018. The Trial Court (Senior Civil Judge, Gudibande, O.S.No.450/2007, decree dated 03.11.2023) found the properties to be joint family (not ancestral) properties, answered issue Nos.3 and 7 in the negative (Wills unproved) and decreed a 4/5th share in item Nos.1 and 2. The First Appellate Court (R.A.No.97/2023, III Additional District and Sessions Judge, Chikkaballapura, 15.07.2024) confirmed, noting non-disclosure of Ex.D.4 until I.A.No.5 dated 09.12.2022, the suspicious circumstances surrounding the Wills, D.W.1's shift from an oral-gift to a Will defence, and that the pendente-lite sale would not bind the plaintiffs. H.P. Sandesh, J.: no ground to admit the appeal or frame any substantial question of law under Section 100 CPC; second appeal dismissed.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.1297 OF 2024 (PAR)

BETWEEN:

SRI. N. MANJUNATH, S/O LATE N. NANJUNDAPPA, AGED ABOUT 50 YEARS, RA/T PERESANDRA VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK-562101.

…APPELLANT

(BY SRI B.R. VIJAYAPRAKASH, ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SMT. GIRIJAMMA, D/O LATE N. NANJUNDAPPA, W/O VEERABHADRAPPA, AGED ABOUT 65 YEARS, R/AT AGALAGURKI VILLAGE, NANDI HOBLI, CHIKKABALLAPUR TALUK-562101.

SMT. NIRMALAMMA, D/O LATE N. NANJUNDAPPA, W/O MAHADESHAPPA, AGED ABOUT 62 YEARS, R/AT TOWN HALL CIRCLE, DEVANAHALLI TOWN-562110, BENGALURU RURAL DISTRICT.

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SMT. KUMARAMAM @ SHIVAKUMARI, D/O LATE N. NANJUNDAPPA, W/O NATARAJAPPA, AGED ABOUT 59 YEARS, R/AT TOWN HALL CIRCLE, DEVANHALLI TOWN-562110, BENGALURU RURAL DISTRICT.

SMT.SHARADAMMA, D/O LATE N. NANJUNDAPPA, W/O MRUTHUNJAYA, AGED ABOUT 53 YEARS, R/AT BEHIND KANNADA SCHOOL, HUNASAMARANAHALLI VILLAGE, B.B. ROAD, JALA HOBLI, BENGALURU NORTH TALUK-560071.

SRI. GAJENERA D.L., S/O LAXMIPATI D.A., AGED ABOUT 51 YEARS, R/AT S. DEVAJANAHALLI VILLAGE, SADALLI HOBLI, SIDALGAHTA TALUK-562105, CHIKKABALLAPUR DISTRICT.

…RESPONDENTS

(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR C/R1 AND R4 AND ALSO VAKALATH FILED FOR R2 AND R3)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.07.2024 PASSED IN R.A.NO.97/2023 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.11.2023 PASSED IN O.S.NO.450/2007 ON THE FILE OF SENIOR CIVIL JUDGE, GUDIBANDE.

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

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 to 4.

This second appeal is filed against the concurrent finding.

The factual matrix of the case of the plaintiffs before the Trial Court while seeking the relief of partition and separate possession it is contented that the plaintiffs and defendant No.1 are the children of late N.Nanjundappa and Smt. Puttarajamma, who is defendant No.2 herein. The plaintiffs and defendant No.1 are in joint possession and enjoyment of the plaint schedule property as coparceners and they have inherited the property from their father. The plaint schedule property was acquired by N.Nanjundappa, the father of the plaintiffs and defendant No.1 through a registered sale deed in the year 1972-73 out of the joint family nucleus and he was in possession and enjoyment of the suit schedule property along with his children during his lifetime. The entries in the

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revenue records were accepted in favour of N.Nanjundappa by virtue of the sale deed. During his last days, N.Nanjundappa executed a registered Will dated 26.06.2002 in favour of the plaintiffs and defendant No.1 allotting 1/5^th share each to his children. The Will is duly registered and N.Nanjundappa is no more. After his death, the plaintiffs and defendant No.1 have succeeded the property and they are in joint possession.

It is also the case of the plaintiffs that the property bearing junjur No.424, khatha No.105/4, measuring to an extent of east to west 30 feet, north to south 40 feet, situated at Peresandra Village, Mandikallu Hobli, Chikkaballapura Taluk, belongs to Smt. Puttarajamma W/o Nanjundappa, who is the mother of the plaintiffs and defendant No.1. After her death, the plaintiffs and defendant No.1 are having equal right, title and interest over the said property and they are entitled to get share in the said property. However, the defendant colluding with the Panchayat authority without consent of the plaintiffs, transferred the khatha in his name without having any legal right. The defendant No.1 after getting the khatha in his name, alienated the schedule item No.2 property in favour of proposed defendant without having any legal right through registered

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sale deed dated 09.04.2018 and the plaintiffs are also having equal rights over the schedule item No.2 property. As such, the alleged sale deed executed by defendant No.1 in favour of defendant No.3 is not binding upon the plaintiffs. Inspite of request was made for amicable partition, defendant No.1 did not come forward to give share and refused to give share to the plaintiffs and hence suit is filed for the relief of partition.

The defendant No.1 filed the written statement denying the entire averments of the plaint. However, admitted the relationship between the parties and denied the joint possession and they are the coparceners. It is contended that Najundappa has executed an unregistered Will in favour of defendant Nos.1 and 2 while he was in sound state of mind and as a result, he became the absolute owner of the property and the Will was executed on 28.02.2001 in favour of defendant Nos.1 and 2. As per the Will, the khatha and mutation was obtained in their names. The defendant No.2 also executed a Will in favour of defendant No.1 on 28.03.2008 and defendant No.2 is also no more. The item No.1 was continued in the name of defendant No.1 and he and his family members are in peaceful possession and enjoyment of the same. With respect

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to item No.2 of the property, he claims that the same is his self-acquired property and he has acquired the same under a registered sale deed.

In view of the pleading of the Will and also the pleading of the plaintiffs, the Trial Court framed issue Nos.1 and 2 i.e., whether the plaintiffs prove that suit schedule properties are ancestral joint family properties of themselves and defendant No.1, whether defendant No.1 proves the suit schedule properties are the self-acquired properties of his father Nanjundappa. The Trial Court also framed the issue whether defendant No.1 proves the execution of Will by his father Nanjundappa and also mother i.e., issue Nos.3 and 7. The Trial Court having considered both oral and documentary evidence available on record, comes to the conclusion that the plaintiffs have proved that the suit schedule properties are the ancestral and joint family properties partly and also defendant No.1 proves that the suit schedule properties are self-acquired properties of Nanjundappa as contented by defendant No.1. But answered issue Nos.3 and 7 in the negative that defendant No.1 has not proved the Will executed by the father as well as

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the mother and granted the relief of partition of 4/5^th share in respect of item Nos.1 and 2 properties.

Being aggrieved by the said order, an appeal is filed in R.A.No.97/2023. The First Appellate Court also having reassessed both oral and documentary evidence available on record and keeping in view the grounds which have been urged, formulated the point and answered the same in the affirmative in coming to the conclusion that the Trial Judge has not committed any error. The First Appellate Court also taken note of the material on record, particularly defendant No.1 never disclosed about Ex.D.4 Will deed till filing of I.A.No.5 on 09.12.2022. When he has not disclosed Ex.D.24 Will deed for such a long time, it creates the doubt and so also in respect of other Will and comes to the conclusion that both the Wills are not proved by defendant No.1 and the Trial Court has taken note of the evidence available on record and justified in allotting equal share to the plaintiffs and defendant No.1 in the suit properties. The sale made during the pendency of restoration of petition also will not bind the rights of the plaintiffs in any manner.

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Being aggrieved by the concurrent finding, the

present second appeal is filed before this court.

The main contention of the learned counsel for the appellant in this second appeal is that both the Courts have committed an error in not considering the Will, which was placed before the Court. There is no existence of joint family and the properties are also not the joint family properties. Item No.2 of the suit schedule property being a Sthreedana property of Puttarajamma, the said property was bequeathed by her in favour of defendant No.1 as per Ex.D.4 and later the said property was sold to defendant No.3. Inspite of both Exs.D.4 and 24 are proved in terms of Section 63 of the Indian Succession Act and also Sections 68 and 69 of the Indian Evidence Act, both the Courts ought not to have disbelieved the documents of Exs.D.4 and 24 and hence this Court has to admit the appeal and frame the substantial question of law.

Per contra, the learned counsel for respondent Nos.1 to 4 would vehemently contend that both the Courts taken note of the evidence available on record. Though P.W.2 not supported the case of the plaintiffs, but deposed that on

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the date of execution of registered Will dated 26.06.2002, which is marked as Ex.P.28, he was in a hurry and at that time, Najundappa asked him to affix his signature over the same and he affixed his signature over the same forcibly. The Trial Court taken note of the evidence of P.W.2 that he affixed his signature and he did so in hurry at the request of the deceased Nanjundapa. P.W.2 did not deny his signature over the registered Will dated 26.06.2002 marked at Ex.P.28 and the other Will is unregistered Will. D.W.1 also categorically admitted that his father had purchased the property in the name of the mother and transfer of khatha in the name of the mother and khatha was transferred as pavathi varasudara. The Trial Court taken note of the fact that the property was purchased in the name of the mother by the father out of the hotel business and the mother was a house wife and hence, disbelieved the contention that the mother had executed the Will and comes to the conclusion that suit item No.2 open plot is not the exclusive property of the deceased mother. Though the plaintiffs have set up their case that the suit properties are the joint family properties, but at the time of acquisition of item No.1 landed property through registered sale deed dated

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04.05.1972 marked at Ex.P.3, the plaintiffs were still minors as per the marks cards marked at Exs.D.25 to 29 and no joint labour could be expected from minors at the time of acquisition referred to above and hence answered point No.1 as partly affirmative. The suit properties cannot be said to be ancestral properties, but they are the joint family properties of the plaintiffs and defendant No.1. The Trial Court taking into note of the material available on record, granted the relief since the plaintiffs are the sisters of defendant No.1.

The First Appellate Court also having re-assessed the material available on record, taken note of the Will which was propounded by defendant No.1, which came into existence under suspicious circumstances. The First Appellate Court also taken note of the evidence of D.W.1 that, at one stage he has raised the defence that his parents have orally gifted the suit properties and later on changed his defence that they have executed the Will Ex.D.4 in his favour and hence comes to the conclusion that no hesitation to hold that defendant No.1 has failed to prove Exs.D.4 and 24 by means of acceptable evidence. Both the Courts have taken note of both oral and

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documentary evidence available on record and comes to the conclusion that the Will propounded by defendant No.1 was not proved by acceptable evidence. The plaintiffs are the legal heirs of Nanjundappa and when there is a clear admission on the part of the witnesses that the father had purchased the property in the name of the mother and there is no any intestate document by the father Nanjundappa and mother Puttarajamma, both the courts not committed any error in granting the share and hence, I do not find any ground to admit the appeal and frame any substantial question invoking Section 100 of CPC.

In view of the discussions made above, I pass the

following:

ORDER

The second appeal is dismissed.

Sd/(H.P.SANDESH) JUDGE

MD

List No.: 1 Sl No.: 30