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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Shivanegowda @ Chikkonu, S/o. Late. Eregowda – Appellant
Versus
Shivannegowda, S/o. Late. Shivanegowda – Respondent
ORDER :
V. SRISHANANDA, J.
1. Heard Sri.Jayakirthi M. C., learned counsel for the revision petitioners and Sri.Prakash M. H., learned counsel for the respondent No.1.
2. Revision petition is filed by Defendant Nos.2 to 14 challenging the order passed by the Senior Civil Judge and JMFC, Kanakapura in O.S.No.196/2017 on 13.10.2020, whereby I.A.No.2 filed under Order VII Rule 11 (a) and (d) of CPC and under Order II Rule 2(3) read with Section 151 of CPC came to be dismissed.
3. Facts which are utmost necessary for disposal of the present petition are as under:
3.1. A suit for partition and separate possession of the following properties came to be filed by the plaintiff:
The following the agriculture lands situated at Maralebekuppe village, Uyamballi Hobali, Kanakapura Taluk.
1. The land bearing Sy.No.212/2, measuring 0- 38 guntas (Total extent 2 acre 33 guntas) bounded on,
East by : land of Government halla
West by : land of Raju
North by : land of Shivanegowda
South by : land of Government halla
2. The land bearing Sy.No.236/2, new Sy.No.236/6, measuring 0-28 guntas bounded on, East by : land of land of Sy.No.251/1 belongs to the plaintiff West by : land of Nanjegowda North by : land of Putt
A previous oral partition that is not acted upon does not bar a party from seeking a partition of ancestral properties; comprehensive resolution requires a full trial.
Prior oral partitions must be supported by evidence during trial; dismissing the application without trial is justified when material facts aren't suppressed.
The absence of conclusive evidence for a prior partition entitles the plaintiff to a share in joint family properties, reaffirming the principle that the burden of proof lies with the defendants.
The amended Hindu Succession Act entitles daughters to seek partition regardless of prior registered partitions, affirming their rights to joint family properties.
A granddaughter is entitled to seek partition of ancestral property, even during her father's lifetime, establishing daughters as coparceners under Hindu law.
The court affirmed the joint family status and the trial court's ruling on partition, rejecting claims of prior oral partition due to insufficient evidence.
The burden to prove an oral partition lies with the party asserting it; mere revenue entries do not suffice to establish partition without clear evidence.
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
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