Chowdamma (D) by LRs. vs Venkatappa (D) by LRs.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1263

SANJAY KAROL, PRASHANT KUMAR MISHRA
Chowdamma (D) by LRs. – Appellant
Versus
Venkatappa (D) by LRs. – Respondent

Advocates appeared:
For the Appellant(s) : Ms. Kiran Suri, Sr. Adv. Mr. S.j. Amith, Adv. Ms. Aishwarya Kumar, Adv. Dr. Mrs. Vipin Gupta, AOR
For the Respondent(s): Ms. Anjana Chandrashekar, AOR

Table of Content
1. challenge to high court order (Para 1 , 2)
2. factual background of property and family relations (Para 3 , 4 , 5 , 6 , 7 , 8)
3. contentions by parties regarding marriage (Para 9 , 12 , 13)
4. evidence evaluation on marital status (Para 10 , 19 , 20 , 25)
5. presumption of marriage from cohabitation (Para 34 , 40 , 42)
6. conclusion on appeal dismissal (Para 60 , 61)

JUDGMENT :

1. This Appeal calls in question the impugned order dated 28.10.2010 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No. 935 of 2005, whereby the High Court allowed the said appeal filed by the plaintiffs and set aside the judgment of the learned Civil Judge (Senior Division) Holalkere, dated 24.03.2005 in O.S No. 102/2001, consequently decreed the suit for partition filed by the plaintiffs.

The genealogical chart germane to the present dispute is as under:

3. The case of the plaintiffs is that their grandfather, namely Thimmabovi Vellappa, had two sons: Dasabovi @ Dasappa and Venkatappa. Dasabovi had two wives. The first wife, Bheemakka @ Sathyakka, is the mother of the plaintiffs. The second wife, Chowdamma, is defendant No. 1 and their son is defendant No. 2. Dasabovi