S Shivappa v. Smt Gowramma
Case brief
What is this about?
Karnataka High Court, Bengaluru; RFA No. 1958 of 2017 (PAR); decided 20.01.2026; coram D K Singh and S Rachaiach JJ, judgment delivered per D K Singh J. Appeal under S.96 r/w Order XLI Rule 1 CPC against partial partition decree dated 21.09.2017 in OS No.21/2015, Senior Civil Judge & JMFC, Harihar, Davanagere. Key subjects: self-acquired property of intestate father; sons' claim of funding purchases in father's name rejected for want of evidence and absence of recitals in sale deeds; registered partition deed dated 27.12.1974; equal shares to Class I heirs (7/9th plaintiffs' side, 2/9th defendants); appeal dismissed, decree affirmed. Advocates: Sanathkumar Shetty K. for appellants; B.M.Halaswamy for R1-R8; R9 served and unrepresented.
What did the court decide?
No relief to appellants; the judgment and decree dated 21.09.2017 partly decreeing partition (7/9th to the plaintiffs' side and 2/9th to the defendants) is affirmed; pending interim applications, if any, stand closed.