Second appeals by defendants in a partition suit over joint family properties of propositus Totada Narayanappa, whose daughters were not parties to the suit. The High Court set aside both trial and first appellate decrees without deciding merits and remitted the suit to the Trial Court to determine shares of all legal heirs afresh.
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:21292 RSA No. 1278 of 2015 C/W RSA No. 1277 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1278 OF 2015 (PAR) C/W
REGULAR SECOND APPEAL NO. 1277 OF 2015
IN RSA No. 1278/2015
BETWEEN:
S/O LATE VENKATARAMANAPPA, AGED ABOUT 57 YEARS, RESIDING AT KATARIPALYA, K0LAR CITY - 563 101.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
W/O R.H.NARAYANA MURTHY,
AGED ABOUT 55 YEARS, RESIDING AT DOOR NO.896, KATARIPALYA, KOLAR - 563 101.
D/O LATE VENKATARAMANAPPA, AGED ABOUT 46 YEARS, RESIDING AT KATARIPALYA, KOLAR - 563 101.
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…APPELLANTS
(BY SRI. KUMAR M N., ADVOCATE)
AND:
RESIDING AT C/O RAMASINGH, NO.149, GOKUL COLLEDGE ROAD,
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VEERANJANEYANAGAR,
KOLAR CITY - 563 101.
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NC: 2026:KHC:21292 RSA No. 1278 of 2015 C/W RSA No. 1277 of 2015
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NARAYANAPPA AND LAKSHMAMMA, WIFE OF SRIDHAR, AGED ABOUT 54 YEARS, RESIDING AT PETECHAMANAHALLI, KOLAR POST, KOLAR - 563 101.
NC: 2026:KHC:21292 RSA No. 1278 of 2015 C/W RSA No. 1277 of 2015
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CHAMARA HALLI POST, KOLAR TALUK - 563 101.
…RESPONDENTS
(BY SRI. B.V. ANANDA, ADVOCATE FOR C/R1 TO R3; SRI.P.N.HARISH, ADVOCATE FOR R4; SRI.MANJUNATH NAYAK, ADVOCATE FOR R5 TO 15)
THIS RSA IS FILED UNDER SEC.100 R/W SEC.103(a) & (b) AND ORDER XLII OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.04.2015 PASSED IN R.A. NO.37/2014 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR, ALLOWING THE APPEAL AND PARTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.12.2013 PASSED IN O.S NO.313/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM., KOLAR.
IN RSA NO. 1277/2015
BETWEEN:
HC-KAR
S/O LATE VENKATARAMANAPPA, AGED ABOUT 46 YEARS, RESIDING AT KATARIPALYA, KOLAR CITY - 563 101.
...APPELLANTS
(BY SRI. KUMAR M N.,ADVOCATE)
AND:
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RESIDING AT DOOR NO.967, KOTILINGESHWARA NILAYA, 5TH CROSS ROAD, SWARNANAGAR ROBERTSONPET, K.G.F. - 563 101.
S/O LATE RAMACHANDRAPPA, AGED ABOUT 51 YEARS, RESIDING AT KATARIPALYA, KOLAR CITY - 563 101.
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KOLAR - 563 101.
DAUGHTER OF LATE LAKSHMAMMA,
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GRANDSON OF THOTA NARAYANAPPA AND LAKSHMAMMA, SON OF LAKSHMINARAYANAPPA, AGED ABOUT 56 YEARS, RESIDING AT PETECHAMANAHALLI, KOLAR POST, KOLAR - 563 101.
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RESIDING AT MALLANDAHALLY, HARATI POST, KOLAR TALUK, KOLAR - 563 101.
…RESPONDENTS
(BY SRI. P.N.HARISH, ADVOCATE FOR R1; SRI.MANJUNATH NAYAK, ADVOCATE FOR R2 AND R6 TO R15; SRI. B.V. ANANDA, ADVOCATE FOR R3 TO R5)
THIS RSA IS FILED UNDER SEC.100 R/W SEC.103(a) & (b)
AND ORDER XLII OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.04.2015 PASSED IN R.A. NO.37/2014 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, KOLAR, DISMISSING THE APPEAL AND PARTLY SETTING ASIDE THE JUDGMENT AND DECREE DATED 21.12.2013 PASSED IN O.S
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NO.313/2009 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM., KOLAR.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
These appeals are filed by the defendant Nos. 1,2,4 and 5 challenging the judgment and decree dated 28.04.2015 in RA.No.37/2014 and RA.No.38/2014 on the file of II Additional District Judge, Kolar, dismissing R.A.No.37/2014 and allowing R.A.No.38/2014 arising out of the Judgment and Decree dated 21.12.2013 in O.S.No.313/2009 on the file of the Principal Senior Civil Judge and CJM, Kolar, decreeing the suit of the plaintiffs.
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"(1) Whether the plaintiff proves that herself and defendants are members of Hindu undivided family ?
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(2) Whether the plaintiff further proves that suit schedule properties are Hindu undivided joint family properties ?
(3) Whether the plaintiff further proves that she is entitled for 1/6th share in half share of the suit schedule properties by metes and bounds ?
(4) Whether the plaintiff is entitled for the relief claimed as alleged in the plaint ?
(5) What order or decree ?”
partly decreed the suit in O.S.No.313/2009. Hence, these appeals are preferred by the defendant Nos.1,2,4 and 5.
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the following substantial questions of law:
"1) Whether daughters/legal heirs claiming under propositus Totada Narayanappa are necessary and proper parties to suit for partition in order to finally adjudicate issue of partition of suit schedule property?
2) Whether both Courts were justified in not allotting share to daughter/legal representatives claiming under Totada Narayanappa or in excluding their share from suit schedule property for partition in face of settled law, there shall not be partial partition?"
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parties in the suit. Therefore, learned counsel sought for allowing the appeals.
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of law framed above, favours remitting the matter to the Trial court as to determine the shares of the parties, in the light of the observations made above. It is also to be noted that the appellants herein have impleaded the siblings of the plaintiffs as per I.A.No.2/2015
HC-KAR
ORDER
ii) The Judgment and decree dated 21.12.2012 in O.S.No.313/2009 on the file of Prl. Senior Civil Judge and CJM, Kolar is hereby set aside.
iii) The judgment and decree dated 28.04.2015 in R.A.No. 37 and 38 of 2014 on the file of II Addl. District Judge, Kolar are hereby set aside.
iv) Suit is remitted to the Trial Court for considering the
same afresh with regard to the shares of the parties.
All contentions of the parties are kept open.
SD/(E.S.INDIRESH) JUDGE
HR
List No.: 2 Sl No.: 44
2 issues framed by the court
Whether the daughters and other legal heirs of the propositus Totada Narayanappa are necessary and proper parties for complete adjudication of partition?
Whether courts below erred in allotting a decree without determining the shares of all heirs of Totada Narayanappa?
2 provisions across 1 enactments
T.V.Nagaraj
T.V.Parvathamma
T.V.Gurunath
T.V.Venkatachala
Smt. Munilakshmamma
T.N.R. Murali
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
