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MFA No. 5998 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS FIRST APPEAL NO.270 OF 2024 (CPC)
C/W MISCELLANEOUS FIRST APPEAL NO.5901 OF 2023 (ISA), MISCELLANEOUS FIRST APPEAL NO. 5998 OF 2023 (ISA)
IN MFA NO.270/2024:
BETWEEN:
VINOD REDDY AGED ABOUT 57 YEARS S/O LATE NARAYANA REDDY, R/AT KITHIGANOOR VILLAGE, K.R. PURAM POST, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560036.
…APPELLANT (BY SRI. VARADARAJAN M.S., ADVOCATE)
AND:
1. RAGHUPATHI REDDY Digitally signed AGED ABOUT 71 YEARS, by MARKONAHALLI S/O LATE VENKATAPPA, RAMU PRIYA Location: HIGH COURT OF 2. JAYASHEEL REDDY KARNATAKA AGED ABOUT 61 YEARS, D/O LATE DODDARAMAIAH REDDY
3. SUNANDAMMA W/O LATE JAGADISH REDDY AGED ABOUT 73 YEARS, 4. MADHUSUDHANA REDDY S/O LATE JAGADISH REDDY AGED ABOUT 46 YEARS, MFA No. 5998 of 2023
5. VISHWANATH REDDY S/O LATE JAGADISH REDDY AGED ABOUT 43 YEARS, RESPONDENTS 1 TO 5 ARE R/AT KITHIGANOOR VILLAGE, K.R. PURAM POST, BIDHARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE-560036.
6. KOMALA D/O LATE JAGADISH REDDY, AGED ABOUT 58 YEARS, R/AT RELIABLE RESIDENTS, HSR LAYOUT POST, HARALURU, FRESCHCO BACK SIDE ROAD, BANGALORE-560102.
7. ARUNA D/O LATE JAGADISH REDDY, AGED ABOUT 51 YEARS, R/AT KITHIGANOOR VILLAGE, K.R. PURAM HOBLI BANGALORE EAST TALUK, BANGALORE-560036. 8. SMT. ANUPAMA AGED ABOUT 45 YEARS, W/O LATE VENKATESH REDDY, R/AT NO. 71, COCONUT GARDEN, OUTER RING ROAD, DODDA BANASWADI, BANGALORE-560043.
SAROJAMMA (SINCE DEAD HER LRS ARE ALREADY ON RECORD) RAMACHANDRA REDDY, (SINCE DEAD BY HIS LRS)
9. SUSHEELAMMA W/O LATE RAMACHANDRA REDDY, AGED ABOUT 71 YEARS, MFA No. 5998 of 2023
10. SMT. PALLAVI W/O LOKESH D/O LATE RAMACHANDRA REDDY, AGED ABOUT 46 YEARS, 11. SRI. RAKESH S/O LATE RAMACHANDRA REDDY, AGED ABOUT 41 YEARS, 12. SMT. THANUJA D/O LATE RAMACHANDRA REDDY, AGED ABOUT 36 YEARS, RESPONDENT NOS.9 TO 12 ARE R/AT KITHIGANUR VILLAGE, K.R PURAM HOBLI, BANGALORE EAST TALUK-560036. 13. SRI. DODDARAMAIAH REDDY AGED ABOUT 96 YEARS, S/O LATE VENKATAPPA, SRI MUKUNDA REDDY (SINCE DEAD BY HIS LEGAL HEIRS)
14. SMT. ANJALI (1ST WIFE) W/O LATE MUKUNDA REDDY, AGED ABOUT 51 YEARS, 15. SRI. GOUTHAM S/O LATE MUKUNDA REDDY, AGED ABOUT 31 YEARS, 16. SRI. ABHISHEIK S/O LATE MUKUNDA REDDY, AGED ABOUT 28 YEARS, 17. SMT. MANJULA (2ND WIFE)
D/O LATE MUKUNDA REDDY, AGED ABOUT 46 YEARS, 18. SRI. KIRAN S/O LATE MUKUNDA REDDY, AGED ABOUT 26 YEARS, MFA No. 5998 of 2023
19. SRI. VASANTH S/O LATE MUKUNDA REDDY, AGED ABOUT 26 YEARS, RESPONDENT NOS.14 TO 19 ARE R/AT KITHIGANOOR VILLAGE, K.R PURAM POST, BIDHARAHALLI HOBLI, BANGALORE EAST TALUK-560036.
20. SMT. SUMITHRAMMA @ SUMITHRA AGED ABOUT 61 YEARS W/O LATE PILLA REDDY, R/AT NO.30, MUREGESH PALYA, CHURCH STREET, PILLA REDDY LANE BENGALURU-560017
21. SMT. SAROJAMMA AGED ABOUT 68 YEARS, W/O LATE KODANDA REDDY, 22. SHOBHA D/O LATE JAGADISH REDDY AGED ABOUT 49 YEARS, 23. SUMITHRA @ SUMANA D/O LATE JAGADISH REDDY AGED ABOUT 46 YEARS, RESPONDENTS 22 AND 23 ARE R/AT KITHIGANOOR VILLAGE, K.R PURAM HOBLI, BANGALORE EAST TALUK BENGALURU-560036. SMT. SAVITHRAMMA (SINCE DEAD BY HER LRS)
24. SMT. MANJULA K.M. D/O LATE SAVITHRAMMA, W/O ASHOK AGED ABOUT 33 YEARS, R/AT NEAR GOVT. DEGREE COLLEGE, K.R PURAM, BANGALORE-560036.
MFA No. 5998 of 2023
25. SMT. NETHRAVATHI K.M.
D/O LATE SAVITHRAMMA, W/O CHOWDA REDDY, AGED ABOUT 31 YEARS, 26. SRI. ANANDA KUMAR S/O HUCHAPPA, AGED ABOUT 41 YEARS, 27. SMT. SARASWATHAMMA W/O KRISHNA REDDY, AGED ABOUT 56 YEARS, RESPONDENT NOS.25 TO 27 ARE R/AT KITHIGANOOR VILLAGE, BIDHARAHALLI HOBLI, K.R PURAM POST, BANGALORE SOUTH TALUK.
SMT. BHAGYAMMA (SINCE DEAD BY HER LRS)
28. SMT. DIVYA D/O LATE BHAGYAMMA AND CHANDRASHEKAR AGED ABOUT 41 YEARS, 29. SRI. KARTHIK D/O LATE BHAGYAMMA AND CHANDRASHEKAR AGED ABOUT 31 YEARS, 30. SMT. KAMAKSHI D/O LATE NARAYANA REDDY, AGED ABOUT 51 YEARS, RESPONDENTS 28 TO 30 ARE R/AT KITHIGANOOR VILLAGE, BIDARAHALLI HOBLI, K.R PURAM POST, BANGALORE SOUTH TALUK SMT. JAYAMMA (SINCE DEAD BY LRS)
MFA No. 5998 of 2023 31. SMT. MEENAKSHI S D/O JAYAMMA AND SRINIVASA REDDY, AGED ABOUT 76 YEARS, R/AT SHANBOGA LAYOUT, DODDDANEKKUNDI, BENGALURU-560037.
32. SRI. N.S. NAGARAJ S/O JAYAMMA AND SRINIVASA REDDY, AGED ABOUT 69 YEARS, R/AT NO. 806, 3RD STREET, FERNS PARADISE, DODDDANEKKUNDI, BENGALURU-560037.
33. SRI. NAVEEN KUMAR S/O SARALA AGED ABOUT 46 YEARS
34. SRI. VIJAY S S/O SARALA AGED ABOUT 41 YEARS RESPONDENTS 33 AND 34 NO.1, 2ND CROSS, KAGGADASAPURA BENGALURU - 560 097
35. SMT. SHILPA S D/O SARALA AGED ABOUT 41 YEARS R/AT NO.131, SUMUKHA BUILDING, 2ND FLOOR, 3RD MAIN, 3RD CROSS, DOLLARS LAYOUT, N.S. PALYA BTM 2ND STAGE, BEGUR ROAD, BENGALURU-560 076. 36. SMT. GIRIJA N.S.
D/O JAYAMMA AND SRINIVASA REDDY AGED ABOUT 66 YEARS R/AT DODDANEKKUNDI COLONY, BENGALURU-560037
37. SRI. KESHAVA REDDY N.S.
S/O JAYAMMA AND SRINIVASA REDDY AGED ABOUT 66 YEARS MFA No. 5998 of 2023 R.AT NO.891, 4TH STREET, FERNS PARADISE, DODDANEKKUNDI, BENGALURU-560 037.
38. SRI. HARISH BABU S/O JAYAMMA AND SRINIVASA REDDY AGED ABOUT 66 YEARS R/AT DODDANEKKUNDI COLONY, BENGALURU - 560 037 39. SMT. JANAKAMMA D/O LATE VENKATAPPA REDDY W/O LATE KRISHNA REDDY AGED ABOUT 81 YEARS, R/AT KITHIGANOOR VILLAGE K.R. PURAM HOBLI, BANGALORE EAST TALUK BANGALORE-560 036 40. SMT. NAGAVENI D/O LATE SUDHEELAMMA AND MASTER THIMMAIAH AGED ABOUT 56 YEARS R/AT KITHIGANOOR VILLAGE, K.R. PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 036.
41. SMT. NAGARATHNAMMA D/O LATE SUDHEELAMMA AND MASTER THIMMAIAH AGED ABOUT 51 YEARS R/AT KITHIGANOOR VILLAGE, K.R. PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 036.
42. SMT. P. VIDYA D/O LATE PILLAREDDY AGED ABOUT 41 YEARS R/AT NO.62/1, PILLAREDDY LANE, CHURCH ROAD, MURUGESHPALYA, BENGALURU - 560 017 MFA No. 5998 of 2023
43. SRI. S. BABU REDDY S/O LATE SHAMANNA REDDY AGED ABOUT 61 YEARS
44. SRI. S. NAGESH REDDY S/O LATE SHAMANNA REDDY AGED ABOUT 51 YEARS
45. SRI. KESHAVA REDDY S/O LATE NARYANA REDDY AGED ABOUT 55 YEARS RESPONDENTS 43 TO 45 ARE R/AT KITHIGANOOR VILLAGE, K.R. PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 036.
…RESPONDENTS (BY SRI. JAGANATH K.M., ADVOCATE FOR RESPONDENT NO.1;
SRI. M.V.NAVEEN REDDY, ADVOCATE FOR CAVEATORS / RESPONDENT NOS.3 TO 5 (CAVEAT RETURNED WITH OFFICE OBJECTIONS);
SRI. G.B.NANDISH GOWDA, ADVOCATE FOR RESPONDENT NOS.3 TO
5 (NOC);
VIDE ORDER DATED 14.02.2024, NOTICE TO RESPONDENT NOS.9 TO 45 IS DISPENSED WITH;
NOTICE IS SERVED ON RESPONDENT NOS.2, 6 AND 7;
SRI. N. GURUVA REDDY, ADVOCATE FOR RESPONDENT NO.8)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 14.12.2023 PASSED ON I.A.NO.1 IN R.A.NO.65/2022 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC.
MFA No. 5998 of 2023 IN MFA NO.5901/2023:
BETWEEN:
1. SMT. SUNANDAMMA W/O LATE JAGADISH REDDY AGED ABOUT 70 YEARS R/AT KITHAGANOOR VILLAGE K.R.PURAM POST BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 560036.
2. SMT. KOMALA D/O LATE JAGADISH REDDY AGED ABOUT 57 YEARS R/AT RELIABLE RESIDENCE HSR LAYOUT POST HARALURU, FRESHCO BACK SIDE ROAD BENGALURU - 560102.
3. SMT. ARUNA D/O LATE JAGADISH REDDY AGED ABOUT 50 YEARS, 4. SMT. SHOBHA D/O LATE JAGADISH REDDY AGED ABOUT 49 YEARS
5. SRI. MADHUSUDHANA REDDY S/O LATE JAGADISH REDDY AGED ABOUT 48 YEARS, 6. SMT. SUMITHRA, D/O LATE JAGADISH REDDY AGED ABOUT 47 YEARS, 7. SRI. VISWANATHA REDDY S/O LATE JAGADISH REDDY AGED ABOUT 45 YEARS APPELLANTS 3 TO 7 ARE R/AT KITHAGANOOR VILLAGE K.R.PURAM POST, BIDARAHALLI POST, BENGALURU EAST TALUK BENGALURU - 560036.
…APPELLANTS MFA No. 5998 of 2023 (BY SRI. NANDISH GOWDA G.B., ADVOCATE)
AND:
SRI. K.N. KESHAVA REDDY S/O LATE NARAYANA REDDY ALIAS NARAYANAPPA AGED ABOUT 55 YEARS R/AT NO.3412, 12TH CROSS, BHATTAHALLI VILLAGE, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 560049.
…RESPONDENT (BY SRI. SUDHANVA D.S., ADVOCATE)
THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT, 1925 READ WITH ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908 AGAINST THE ORDER DATED 01.08.2023 ON I.A.NO.1 PASSED IN P AND S.C.NO.28/2023 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
IN MFA NO.5998/2023:
BETWEEN:
RAGHUPATHI REDDY @ RAGHUPATHI S/O LATE SRI. DODDARAMAIAH REDDY, AGED ABOUT 71 YEARS, R/AT KITHAGANOOR VILLAGE, K.R. PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560036.
…APPELLANT (BY SRI. JAGANATH K.M., ADVOCATE)
AND:
1. K.N. KESHAVAREDDY S/O LATE SRI. NARAYANA REDDY @
NARAYANAPPA AND MFA No. 5998 of 2023 ALSO ADOPTED SON OF LATE SRI. MUNISHAMI REDDY @ MUNISHAMAPPA @ THAYAPPA REDDY AND LATE SMT. SAKAMMA @ AMMAYAMMA AGED ABOUT 55 YEARS, R/A NO.34/2, 12TH CROSS, BHATTARAHALLI VILLAGE, NEAR VENKATAPPA GARDENS, VIRGONAGAR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK BENGALURU-560049.
2. VINOD REDDY S/O LATE NARAYANA REDDY @ NARAYANAPPA AND ALSO ADOPTED SON OF LATE SRI. MUNISHAMI REDDY @ MUNISHAMAPPA @ THAYAPPA REDDY AND LATE SMT. SAKAMMA @ AMMAYAMMA, AGED ABOUT 57 YEARS, R/A KITHAGANOOR VILLAGE, K.R. PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK BENGALURU 560036.
3. JAYASHEELA REDDY S/O LATE SRI. DODDARAMAIAH REDDY AGED ABOUT 62 YEARS, R/AT KITHAGANOOR VILLAGE, K.R. PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK BENGALURU-560036.
4. SUMITHRAMMA @ SUMITHRA W/O LATE SRI. PILLA REDDY, AGED ABOUT 60 YEARS, R/A NO.30, MURUGESH PALYA, CHURCH STREET, PILLA REDDY LANE, BENGALURU-560017.
5. VIDYA D/O LATE SRI. PILLA REDDY, AGED ABOUT 35 YEARS, MFA No. 5998 of 2023 R/A HOUSE NO. 62/1, PILLA REDDY LANE, CHURCH ROAD, MURUGESH PALYA, BENGALURU -560017.
6. ANJALI D/O LATE SMT. PREMA, W/O LATE SRI. MUKUNDA REDDY, AGED ABOUT 50 YEARS, 7. GOWTHAM S/O LATE SRI. MUKUNDA REDDY, AGED ABOUT 30 YEARS
8. ABHISHEK S/O LATE SRI. MUKUNDA REDDY AGED ABOUT 27 YEARS, 9. MANJULA W/O LATE SRI MUKUNDA REDDY AGED ABOUT 45 YEARS
10. KIRAN S/O LATE SRI MUKUNDA REDDY AGED ABOUT 22 YEARS
11. VASANTH S/O LATE SRI MUKUNDA REDDY AGED ABOUT 21 YEARS
12. MANJULA D/O LATE SRI DODDARAMAIAH REDDY AGED ABOUT 65 YEARS 13. SARASWATHAMMA D/O LATE SRI NARAYANA REDDY W/O LATE SRI KRISHNA REDDY AGED ABOUT 75 YEARS
14. SUSHEELAMMA @ SAROJAMMA W/O LATE SRI RAMACHANDRA REDDY, AGED ABOUT 65 YEARS
15. PALLAVI W/O SRI LOKESH MFA No. 5998 of 2023 D/O LATE SRI RAMACHANDRA REDDY AGED ABOUT 40 YEARS
16. RAKESH S/O LATE SRI RAMACHANDRA REDDY AGED ABOUT 34 YEARS
17. THANUJA D/O LATE SRI RAMACHANDRA REDDY AGED ABOUT 30 YEARS
18. KARTHIK S/O LATE SRI. CHANDRASHEKAR REDDY AND LATE SMT. BHAGYAMMA AGED ABOUT 32 YEARS
19. DIVYA W/O SRI. RAVIKUMAR, D/O LATE SRI. CHANDRASHEKAR REDDY, AND LATE SMT. BHGYAMMA, AGED ABOUT 28 YEARS
20. KAMAKSHI, D/O. LATE SRI. NARAYANA REDDY, AGED ABOUT 65 YEARS
21. SAROJAMMA W/O.LATE SRI.KODANDARAMA REDDY, AGED ABOUT 72 YEARS
22. SUNANDAMMA.
W/O. LATE SRI. JAGADISH REDDY, AGED ABOUT 70 YEARS RESPONDENT NOS.6 TO 22 ARE ALL R/AT KITHAGANOOR VILLAGE, K.R. PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU- 560 036.
23. KOMALA D/O. LATE SRI.JAGADISH REDDY, AGED ABOUT 57 YEARS.
R/AT RELIABLE RESIDENCE, H.S.R LAYOUT POST, HARALURU, MFA No. 5998 of 2023 FRESCHO BACK SIDE ROAD, BENGALURU - 560 102.
24. ARUNA, D/O. LATE SRI.JAGADISH REDDY, AGED ABOUT 50 YEARS
25. SHOBHA D/O.LATE SRI.JAGADISH REDDY, AGED ABOUT 49 YEARS
26. MADHUSUDHANA REDDY D/O.LATE SRI.JAGADISH REDDY, AGED ABOUT 48 YEARS
27. SUMITHRA D/O.LATE SRI.JAGADISH REDDY, AGED ABOUT 47 YEARS
28. VISHWANATHA REDDY.
D/O.LATE SRI. JAGADISH REDDY, AGED ABOUT 45 YEARS.
RESPONDENT NOS.24 TO 28 ARE ALL R/AT KITHAGANOOR VILLAGE, K.R.PURAM POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 036.
…RESPONDENTS (BY SRI. UMESH M.N., ADVOCATE FOR RESPONDENT NO.1;
SRI. M.S.VARADARAJAN, ADVOCATE FOR RESPONDENT NO.2;
NOTICE IS SERVED ON RESPONDENT NOS.3, 6 TO 17, 21 AND 23;
VIDE ORDER DATED 18.03.2024 G.B.NANDISH GOWDA, ADVOCATE FOR RESPONDENT NOS.22, 24, 25 TO 28 (VK NOT FILED)
THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED 01.08.2023 PASSED ON I.A.NO.1 IN P AND S.C.NO.28/2023 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE I.A.NO.1 MFA No. 5998 of 2023 FILED UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A No.270/2024 is filed by the appellant in R.A No.65/2022 pending on the file of VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, (henceforth referred to as 'the First Appellate Court') challenging an order dated 14.12.2023 by which an application (I.A No.1) filed by him under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) was rejected.
2. M.F.A No.5901/2023 is filed by respondent Nos.22 to 28 and M.F.A. No.5998/2023 is filed by respondent No.2 in P and S.C No.28/2023 pending consideration before the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, (henceforth referred to as 'the District Court') challenging the correctness of an order dated 01.08.2023 by which MFA No. 5998 of 2023 the District Court partly allowed an application I.A. No.1 filed by the petitioner therein under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and granted an order of temporary injunction restraining appellants and respondent Nos.2 to 28 therein from alienating half share of Smt. Sakamma out of 1/5th share of Sri Munishamireddy in the petition schedule properties till disposal of the petition.
3. The facts in a nutshell are that Sri Venkatappareddy was the propositus of a joint family, who had two wives, named, Smt. Akkamma and Smt. Akkayamma. Sri Venkatappa Reddy had five sons, namely, Sri Munishamireddy @ Munishamappa @ Thayappareddy, Sri Doddaramaiah Reddy @ Sri Ramaiah and Sri Narayanareddy @ Sri Narayanappa from his first wife - Smt. Akkamma and two children, namely, Sri Kodandaramareddy @ Sri Kodandaramaiah and Sri Jagadishreddy @ Sri Jagadish from his second wife - Smt.Akkayamma. Smt. Sakamma, the wife of Sri MFA No. 5998 of 2023 Munishamireddy did not bear any children. Sri Raghupathireddy @ Raghupathi was the son of Sri Doddaramaiahreddy who purportedly was adopted by Sri Munishamireddy and Smt. Sakamma on 23.05.1955 (stated as 23.05.1995 in the impugned order dated 01.08.2023) in terms of a deed of adoption which was duly registered.
4. After the death of Sri Venkatappa Reddy and Sri Narayana Reddy, the children of Sri Narayana Reddy namely, Sri Vinod Reddy and Sri Keshava Reddy filed a suit for partition in O.S. No.2404/2006 for partition and separate possession of their share in the suit properties. They also claimed that Smt. Sakamma, the wife of Munishamireddy had executed a Will dated 05.11.1994 which was duly registered, by which she bequeathed her share in 1/5th share of Sri Munishamireddy in respect of the suit properties in their favour. They contended that they were also entitled to a share in share of Sri Munishamireddy in respect of the suit properties.
5. The suit was contested by Sri Doddaramaiah Reddy and Sri Raghupathi Reddy who claimed that the suit properties were partitioned in the year 1951 amongst the sons of Sri Venkatappa Reddy and therefore, a subsequent suit for partition was not maintainable. He also contended that Sri Munishama Reddy and Smt. Sakamma had taken Sri Raghupathi Reddy in adoption in terms of a deed of adoption dated 23.05.1955 which was duly registered and therefore, he was entitled to the share of Sri Munishamireddy in the suit properties therein and that the Will set up by the plaintiffs dated 05.11.1994 was unenforceable as Smt. Sakamma did not have absolute interest in the share of Sri Munishamireddy.
6. The Court of VI Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (henceforth referred to as 'the Trial Court') after considering the evidence adduced by the parties, dismissed the suit in terms of the judgment and decree dated 18.04.2022 in terms of which it held that the defendants had proved that the suit MFA No. 5998 of 2023 properties were partitioned in the year 1951 in terms of an unregistered panchayat parikath dated 24.06.1951. However, in so far as the execution of the Will dated 05.11.1994 by Smt. Sakamma, the Court held that the valid execution of the Will
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