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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V. SRISHANANDA
Lakshmidevamma, W/o. Late S.L. Thimmaiah, Since Deceased And Represented By Lr: Smt. S.T. Anuradha, (D/o. Late S.L. Thimmaiah) – Appellant
Versus
S.L. Thimmaiah, Since Deceased And Represented By Legal Representative’s- Smt. Saraswathamma, (Wife Of S.L. Thimmaiah) – Respondent
| Table of Content |
|---|
| 1. joint family properties and their partition (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. court's consideration of evidence and property rights (Para 8 , 15 , 16 , 20) |
| 3. discussion on amicable settlement and alienations (Para 10 , 11 , 12 , 14 , 19) |
| 4. protection of rights in final decree proceedings (Para 17 , 18) |
| 5. final order and disposal of appeal (Para 21) |
JUDGMENT :
V. SRISHANANDA, J.
Heard Smt. Geetha Devi M.P., learned counsel for the appellants and Sri Pradeep Shastry, learned counsel representing Sri N. Subba Shastry, counsel for respondent No.1 (c) to (f).
2. The present appeal is filed challenging the preliminary decree filed by defendant Nos.1 to 4 passed in O.S.No.109/2001, on the file of Additional Civil Judge (Sr.Dn), Ramanagara.
3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:
3.1 A suit for partition and separate possession in respect of the following properties (hereinafter referred to as ‘suit properties’) came to be filed.
(1) Dry Land bearing Survey No.10/3, measuring an extent of 01 acre 22 guntas, assessed at Rs.02.13 paise bounded as follows :
East by : Lands of Chikkaboraiah, Chikkanna, Ninganna
West by : Land
Ancestral properties remain jointly owned until partitioned; alienations affecting heirs' rights must be addressed in equitable partition proceedings.
The main legal point established in the judgment is the distinction between ancestral property and self-acquired property in a partition suit, and the requirement for evidence to support claims of jo....
The main legal point established in the judgment is that once a party agrees to the mode and manner of partition before the Commissioner, they cannot resile from the same.
The central legal point established in the judgment is the requirement to establish the remaining land after a sale of joint family property and the probative value of registered documents in determi....
A preliminary decree in partition cases cannot be reopened during final decree proceedings, ensuring established determinations are upheld.
The court held that exclusive title to partitioned ancestral property belonged to the fourth defendant, rejecting the plaintiff's claim based on precedent case admissions regarding prior settlements.
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