Widow of a deceased son appealed a partition decree that ignored her claim to her husband's share. The High Court partly allowed the appeal, remitting the suit for framing additional issues on her entitlement before final decree proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:16696-DB RFA No. 2520 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2520 OF 2024 (PAR)
BETWEEN:
SMT SONI PRABHU, W/O LATE PRABHU, AGED ABOUT 31 YEARS, R/AT NO. 403, SRIVEN TOWERS, 4TH CROSS, LASKI LAYOUT, BENGALURU NORTH- 560 097
…APPELLANT
(BY SRI. BALU P., ADVOCATE)
AND:
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA BENGALURU
NC: 2026:KHC:16696-DB RFA No. 2520 of 2024
HC-KAR
AGED ABOUT 47 YEARS, R/AT NO. 18, 2ND CROSS, M.GANDHI NAGAR, MUNNEKOLALA, MARATHAHALLI POST, BENGALURU NORTH- 560 097.
HC-KAR
M.GANDHI NAGAR, MUNNEKOLAL, MARATHAHALLI POST,
BENGALURU NORTH- 560 097.
VEERAPPA REDDY LAYOUT, MUNNEKOLAL, MARATHAHALLI POST, BENGALURU NORTH- 560097.
…RESPONDENTS
(BY SRI. BINU M., ADVOCATE FOR R1 AND R2)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 09.08.2024 PASSED IN OS NO.1482/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DECREEING THE SUIT FOR PARTITION, POSSESSION, DECLARATION AND PERMANENT INJUNCTION., AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2026:KHC:16696-DB RFA No. 2520 of 2024
HC-KAR
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This appeal is preferred by defendant No.5 in a partition suit against the judgment and decree dated 09.08.2024 in OS No.1482/2022 before the II Additional Senior Civil Judge, Bengaluru Rural District.
HC-KAR
plaintiffs and defendants No.1 to 4 constituted a Hindu undivided joint family. It is contended that the plaintiff's father, Muniswamy was the Karta of the family. Muniswamy had two wives viz., Thanja and Rajamma and two children that is, Lakshmi M. and Rani the plaintiffs herein by Thanja and 3 children by Rajamma. It is submitted that the appellant herein is the widow of one son of Muniswamy named N.Prabhu. It is contended that the suit was filed by the children of the first wife seeking partition of the property. The appellant herein, as the defendant No.5, had filed a written statement admitting the relationship between the parties and stating that the appellant was also entitled to the share of late N.Prabhu, son of Muniswamy who died intestate. It is submitted that the trial Court had recorded this fact. However, while framing the issues, the issues framed were only with regard to the share of the plaintiffs. Consequently, there is no finding or decree with regard to the share of the appellant.
HC-KAR
heir of Prabhu to 1/4th share in the property has not been considered.
NC: 2026:KHC:16696-DB RFA No. 2520 of 2024
HC-KAR
In view of the disposal of the appeal, all pending
applications stand disposed of.
No order as to costs.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(TARA VITASTA GANJU) JUDGE
SS
List No.: 1 Sl No.: 5
1 issue framed by the court
Should the trial court consider defendant No.5's claim to the share of late Prabhu as his legal heir, which was omitted from the issues and decree in the partition suit?
1 provisions across 1 enactments
Smt Soni Prabhu
Smt Lakshmi
Smt Rani M
Smt Rajamma
Smt Rukmini M
Smt Monisha M
Anu Sivaraman
Tara Vitasta Ganju
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
