Anant Ramachandra Jamanis v. Raghavendra @ Raghunath
Case brief
What is this about?
Family partition disputes, Belagavi/Bailhongal (Karnataka): oral partitions of 1941 (Ex.D2, M.E.No.286 Basarkod) and 1985 (M.E.No.10186 dated 28.11.1985, received as additional evidence under Order 41 Rule 27 CPC; Ex.P6 in O.S.No.79/2004) proved between Ramachandra, Laxmanrao @ Jivaji and Narasinhrao; Laxmanrao died issueless 06.10.1994, so his share devolves on Class-II legal heirs of Ramachandra and Narasinhrao per Schedule No.I, Hindu Succession Act, 1956; plaintiff in O.S.No.79/2004 granted 1/6th share by metes and bounds; partition suit omitting a co-sharer's allotted share rejected with reference to Niroop D.J. v. D.A. Jayarame Gowda, HCR 2024 Kant. 21. Keywords: RFA Sec.96 CPC; RSA Sec.100 r/w O.41 R.1 CPC; ancestral property; partial partition; mutation entry; additional evidence; Class-II heirs.
What did the court decide?
RFA No.3057/2011 dismissed, confirming the judgment and decree dated 05.03.2011 in O.S.No.37/2005 (Senior Civil Judge, Bailhongal). RSA No.5926/2011 allowed in part: the judgment and decree dated 18.07.2009 in O.S.No.79/2004 (Principal Civil Judge (Jr.Dn.), Bailhongal), as confirmed by the judgment and decree dated 27.07.2011 in R.A.No.25/2009 (Presiding Officer, Fast Track Court, Bailhongal), is modified so that the plaintiff in O.S.No.79/2004 is 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.