Sri. J R Krupanidhi v. Smt. J R Bramarambika
Partition – Prior partition – Burden of proof
Case brief
What is this about?
Karnataka High Court (single Judge, Sachin Shankar Magadum, J.), Regular First Appeal No. 2030 of 2023 under Section 96 CPC, decided 06.02.2026, by defendant No.3 against the judgment and decree dated 24.05.2022 in O.S.No.11/2018 (Senior Civil Judge & JMFC, Chikkanayakanahalli) decreeing partition among the children of late Sri J.B. Ramappa. Key themes: plea of prior partition/severance in status during the propositus's lifetime unproved absent registered partition deed or revenue/mutation records; evidentiary weight of a categorical admission in cross-examination that no partition had taken place till date, binding the maker as substantive evidence; continuance of Mitakshara joint family status; appellate finding that the Trial Court's decree (1/4 share each to plaintiff and defendant No.4) involved no perversity. Appeal dismissed; no costs or amounts awarded; no precedents cited in the judgment.