Sri Munikrishnappa v. Sri Nanjappa

What is this about?

Partition and possession suit, Doddathogur village, Begur hobli, Bengaluru South/North taluk - four survey number properties. Appellants-plaintiffs Munikrishnappa, Muniswamy, Venkatappa and Kanyappa (sons of Muniyappa, descendants of propositus Nanjappa through Kanyappa) versus LRs of Nanjappa/Jhuttappa branch (Yellama, Rathnamma, Gullappa's LRs led by Nethra S., Kavitha, Muniswamy's LRs led by Lakshmamma, Sanjeevamma, Yellamma) and KAIDB Land Acquisition Officer (impleaded during suit, no written statement). Key documents: Ex.P1 unregistered document dated 26.07.1980 claimed as 'paalu patti'/memorandum of prior oral partition; Ex.D2 registered release deed dated 19.03.1956 executed by Muniyappa in favour of defendant No.1 and his brother. Issues: compulsory registration under Section 17/17(1)(b) Registration Act 1908; partition deed in presenti vs memorandum of past partition; framing of issue on validity of release deed; onus on plaintiffs; suppression of release deed in plaint; unexplained delay (40 years); absence of khatha/revenue entries; scope of Section 100 CPC second appeal and concurrency of findings. Bench: Justice Pradeep Singh Yerur (single judge, CAV judgment). Precedents cited by counsel include Thulasidhara, Ravinder Kaur Grewal, Kale, Rangappa, Sheetal Prasad, Jagdish Singh, Bondar Singh, Kashmir Singh (appellants) and S Arumugham, Madasamy Thevar, S.Subramanian, Roshan Singh, Sita Ram Bhama, Anjanappa, Hullappa, Thakamma Mathew, Om Prakash, Shiv Kumar Sharma, V.Narasaiah, Pushpalatha (respondents). Result: second appeal dismissed; concurrent findings affirmed; costs made easy.