SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Online)(KAR) 816

HIGH COURT OF KARNATAKA
N.S. Sanjay Gowda, J
SARASWATAMMA, RAVIKUMAR, JAYAMMA, ARUNA – Appellant
Versus
DATTATREYA, NAGALINGACHAR – Respondent


Advocates:
For the Appellants/Petitioners: B. Chidananda
For the Respondents: V. Vidya Iyer, Abhishek L. Kalled, R. H. Angadi, T. Basavangoud

Table of Content
1. challenge to partition based on inequity. (Para 3 , 5 , 10)
2. equitable considerations in family partition. (Para 4 , 7 , 15)
3. timeliness and acceptance affect rights. (Para 8 , 11 , 12 , 19)
4. final decision dismissing suit based on findings. (Para 20 , 22)

JUDGMENT

2. The geneology of the family is as under:

3. The adopted son of Shivappa and Savithramma i.e., Dattatreya filed the suit for setting aside the partition effected amongst his family members on 09.05.1975 and for a partition and allotment of his share in relation to the suit property.

5. It was the case of Dattatreya that the partition effected on 09.05.1975 could not be sustained as it had been entered into in his absence and when he was a minor and more importantly, because it was inequitable. Dattatreya contended that since the partition was inequitable, the same had to be set aside and the properties ought to be partitioned, in which event, he was entitled to half a share in the suit properties by virtue of being the only son of Shivappa and Savithramma.

7. It is their contention that Manappa, who was allotted the bulk of the property i.e., nearly 50% of the entire property, had sold the entire exten

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top