Sri Chikkanarayanappa S/O Late Hanumanthappa v. Sri B N Aswathappa S/O Late Dodda Narayanappa
Case brief
What is this about?
Karnataka High Court, Bengaluru; Regular Second Appeal No. 639 of 2012 (INJ); decided 12 June 2025 by Justice Anant Ramanath Hegde; appeal under Section 100 CPC against concurrent findings in injunction suit O.S.No.108/2002 (Addl. Civil Judge (Jr.Dn) & JMFC, Gauribidanur) and R.A.No.39/2007 (Senior Civil Judge and CJM, Chickballapur); joint family property vs self-acquisition; registered sale deed dated 22.11.1984; survey No.128, Bommenahalli village, Gowribidanur Taluk; xerox copy of palupatti, original not produced; admitted signature; plea of signature taken in hospital; burden of proof on plaintiff; no independent witness; no hospitalisation records; no prior partition; no independent income; no substantial question of law; appeal dismissed; interim applications do not survive.
What did the court decide?
Since the signature on the palupatti is admitted, the burden lies on the plaintiff to establish that his signature was taken when he was in hospital and he was not in a position to understand the consequence.