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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA, J.
Sri. Shivanegowda @ Chikkonu, S/o. Late. Eregowda – Appellant
Versus
Sri Shivannegowda, S/o. Late. Shivanegowda – Respondent
Civil Revision Petition No. 309 Of 2020
Decided On : 04-11-2025
| Table of Content |
|---|
| 1. jurisdiction on civil revision petitions (Para 1 , 2) |
| 2. factual background of the partition suit (Para 3) |
| 3. defendants' response and application for rejection (Para 4 , 5) |
| 4. court's examination of materials and claims (Para 6 , 11 , 12) |
| 5. arguments regarding the maintainability of the suit (Para 8 , 9 , 10) |
| 6. implication of previous partition on current claims (Para 15 , 16 , 17) |
| 7. conclusion on dismissal of revision petition (Para 19) |
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 Puttegowda South by : land of Bokkegowda
3. The land bearing Sy.No.237/2, measuring 0- 24 guntas, bounded on, East by : land of Bokkegowda West by : land of Sujatha North by : land of Srikantegowda South by : land of Puttegowda
4. The land bearing Sy.No.250/1, measuring 0- 19 guntas, bounded on
East by : land of Puttegowda
West by : land of Shivanegowda
North by : land of Piddegowda
South by : land of Basavegowda
5. The land bearing Sy.No.251/1, measuring 0- 38 guntas, bounded on
East by : land of Shivanegowda
West by : Sy.No.236/6
North by : land of Puttegowda
South by : land of Bokkegowda
6. The land bearing Sy.No.252/2, measuring 0-
07 guntas, bounded on
East by : land of Nanjundegowda
West by : land of Basavalingegowda
North by : land of Nanjundegowda and Basavalingegowda
South by : land of Basavalingegowda
7. The land bearing Sy.No.252/3, measuring 0- 11 guntas, bounded on
East by : land of Chikkashivanegowda
West by : land of Muninanjegowda North by : land of Puttegowda
South by : land of Channabasavegowda
8. The land bearing Sy.No.256/2, measuring 0- 11 guntas, bounded on,
East by : land of Puttegowda
West by : land of Shivanegowda
North by : land of Nanjundegowda
South by : land of Basavalingegowda
9. The land bearing Sy.No.256/4, measuring 0- 08 guntas bounded on,
East by : land of Shivanegowda
West by : land of Puttegowda
North by : land of Basavegowda
South by : Anurao Estate
10. The land bearing Sy.No.257/2, measuring 0- 31 guntas, bounded on,
East by : land of Shivanegowda S/o. Dodderegowda
West by : land of Dodderegowda
North by : land of Basalingegowda
South by : land of Dodderegowda
11. The land bearing Sy.No.257/3, measuring 0- 04 guntas, bounded on,
East by : land of Basavalingegowda
West by : land of Shivanegowda
North by : land of Basavalingegowda
South by : Government Tank
12. The land bearing Sy.No.466/2 measuring 0- 38 guntas, bounded on,
East by : land of C.K.Shivanna
West by : land of Eeregowda
North by : land of Eeregowda
South by : Government halla
3.2. Plaintiff contended that suit properties are the ancestral joint family properties of the plaintiff, defendant Nos.15 to 19.
3.3. Yadeeregowda, son of Veeregowda was the kartha of the joint family of the plaintiff and defendants except defendant Nos.13 and 14.
3.4. Suit properties stood in the name of said Yadeeregowda during his lifetime. After Yadeeregowda and his wife Devam
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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