Smt. Rajamma Vs Smt. Puttananjamma — Karnataka HC (2026) — LawSathi Research

Smt. Rajamma Vs Smt. Puttananjamma — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals allowed-in-part with modification of the decree dated 14.11.2016 in RA.No.21/2010: plaintiff No.1 entitled to 1/4th share in Survey No.98/1 (1 acre 8 guntas, Shivakahalli Village); plaintiff Nos.2 and 3 and defendant No.4 together entitled to 1/4th share in the same land; Puttananjamma and Nagamma together entitled to 1/4th share each (as worded), to be worked out on payment of separate court fee; equitable partition to be effected in final decree proceedings; mesne profits to plaintiffs under separate enquiry; no order as to costs.

Issue for consideration

Division of the share of Mallamma, who died intestate during the pendency of the appeals, equally among the remaining children. +1 more

Court's answer

Mallamma, mother of the parties, died during the pendency of the appeals; having died intestate, her share falls to be divided equally among the remaining children.

Ratio / Principle

The parties are directed to take an equitable partition of the suit property in the final decree proceedings in the share of 1/4th each, in further modification of the First Appellate Court's judgment in RA.No.21/2010, whereunder plaintiff No.1 had been granted a 1/5th share and plaintiff Nos.2 and 3 and defendant No.4 together a 1/5th share.

Key takeaways

In modification of the decree dated 14.11.2016 passed in RA.No.21/2010, plaintiff No.1 is entitled to a 1/4th share in the land bearing Survey No.98/1 measuring 1 acre 8 guntas situated in Shivakahalli Village.ratio¶¶113
The plaintiffs are entitled to mesne profits, to be determined under a separate enquiry.ratio¶¶117
Plaintiff Nos.2 and 3 and defendant No.4 are together entitled to a 1/4th share in the land bearing Survey No.98/1 measuring 1 acre 8 guntas situated at Sivakahalli Village.ratio

Detailed headnote1 paragraphs

Oral judgment of the High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice V Srishananda, 10 July 2026) disposing of cross Regular Second Appeals RSA No.671/2017 (Puttananjamma as appellant) and RSA No.1061/2018 (Rajamma, since deceased and represented by LRs 1(A)-(G), Ningaraju and Chinnamma as appellants), both filed under Section 100 CPC against the judgment and decree dated 14.11.2016 in RA.No.21/2010 passed by the Addl. District and Sessions Judge, Chamarajanagara (sitting at Kollegal), which had partly allowed the appeal and set aside the judgment and decree dated 8.9.2009 in OS.No.38/2007 passed by the Civil Judge (Sr.Dn) and CJM, Chamarajanagar. Counsel for both sides submitted that during the pendency of the appeals Mallamma, mother of the parties, had died; the Court recorded that, Mallamma having died intestate, her share must be divided equally among the remaining children. Both appeals were allowed-in-part, further modifying the First Appellate Court's allocation (whereunder plaintiff No.1 had 1/5th share and plaintiff Nos.2 and 3 with defendant No.4 together 1/5th): plaintiff No.1 is entitled to 1/4th share in Survey No.98/1 measuring 1 acre 8 guntas at Shivakahalli Village; plaintiff Nos.2 and 3 and defendant No.4 are together entitled to 1/4th share therein; Puttananjamma and Nagamma are together entitled to 1/4th share each, to be worked out on payment of separate court fee; equitable partition is to be effected in final decree proceedings; plaintiffs are entitled to mesne profits under separate enquiry; and there is no order as to costs.