Basappa vs Bangarevva - 2023 Supreme(Kar) 1286

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1286

ANANT RAMANATH HEGDE
Basappa – Appellant
Versus
Bangarevva – Respondent

Advocates Appeared:
For the Appellants :Sri. J.S.Shetty, Advocate
For the Respondent:Sri. Rohit Patil, for Sri. Srikant T Patil, Advocate, Sri. N.M.Patil, Advocate, Sri. C.V.Angadi, Advocate

JUDGMENT :

Mr. Anant Ramanath Hegde, J. - The plaintiff claimed ½ share in the suit properties described in three distinct schedules. The suit is decreed. The defendants have filed these two first appeals.

2. The admitted genealogy of the parties is as under:

(Defendants claim that 6th defendant Shivakumar is adopted by plaintiff's mother Channabasavva. The plaintiff disputed the adoption)

3. The trial Court held that the adoption of the 6th defendant under the registered adoption deed dated 02.09.1996 is not proved. The trial Court also rejected the defence that certain properties are self-acquired properties of Veerabhadrappa - the propositus of the defendants' branch.

4. Other facts necessary for the adjudication of the case are as under:

One Basappa was the propositus. His wife was Savantravva. The couple had two sons Mallappa and Veerabhadrappa. Mallappa died in 1995. Veerabhadrappa died in 1990. Mallappa's wife Channabasavva, died in 1999. Bangaravva the plaintiff, is the daughter of Mallappa and Channabasavva.

5. Veerabhadrappa the second son of the propositus Basappa, married Virupakshavva. From the said marriage he has three sons viz., Shivanand, Basappa and Shashidhar, and two d