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2023 Supreme(Online)(Kar) 28825
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2023 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA R.F.A.NO. 949/2011(PAR)
C/W R.F.A.NO.988/2011(PAR)
IN R.F.A.NO.949/2011 BETWEEN
1 . SMT KEMPAMMA W/O LATE LINGAIAH @ LINGEGOWDA AGED ABOUT 77 YEARS R/O NO. 103, II CROSS BEHIND THAMMAYAPPA PARK MAGADI ROAD, BANGALORE-560023 2 . SMT. TAYAMMA W/O LATE PUTTASWAMAIAH @
PUTTASWAMYGOWDA AGED ABOUT 46 YEARS R/O NO.103, II CROSS BEHIND THAMMAYAPPA PARK MAGADI ROAD, BANGALORE-560023 ...APPELLANTS (BY SMT.SUSHEELA, SR. COUNSEL FOR SRI SOMANATH.H, ADVOCATE)
AND SMT SHIVARATHNAMMA W/O LATE PUTTASWAMAIAH @ PUTTASWAMYGOWD AGED ABOUT 46 YEARS R/O MANJUNATHA, ANNEYAPPA COMPOUND, SARAKKI VILLAGE, NEAR INDIRA GANDHI CIRCLE J P NAGAR IST PHASE, BANGALORE-78 (DEAD)
LR IS ON RECORD AS R5
1 . SMT. PARVATHI @ PARVATHAMMA AGED ABOUT 42 YEARS R/O NO.4, KEB QUARTERS SOLADEVANAHALLI HESSAGHATTA ROAD C B POST, BANGALORE
2. THE LIFE INSURANCE CORPORATION OF INDIA BY ITS BRANCH MANAGER RICHMOND TOWN BRANCH CANARA MUTUAL BUILDING, II FLOOR, RESIDENCY ROAD, BANGALORE-560025
3. BANGALORE ELECTRICITY SUPPLY COMPANY (BESCOM) BY ITS MANAGING DIRECTOR K R CIRCLE, BANGALORE-560001
4. SMT. SAVITHA D/O SMT. SHIVARATHNAMMA AGED 26 YEARS R/O MANJUNATHA, ANNEYAPPA COMPOUND SARAKKI VILLAGE, NEAR INDIRA GANDHI CIRCLE J.P NAGAR I PHASE, BANGALORE-78
5. MASTER ABHISHEK P S/O PUTTASWAMAIAH AGED ABOUT 19 YEARS R/O NO.4, KEB QUARTERS SOLADEVANAHALLI, HESSAGHATTA ROAD C B POST, BANGALORE-90
6. M/S ADITYA SYNDICATE REPRESENTED BY ITS MANAGER
1ST FLOOR, ASHWINI COMPLEXES A M LANE, CHIKPET BANGALORE-560 051 …RESPONDENTS (BY SRI R S RAVI, SENIOR ADVOCATE FOR SRI NARENDRA.D.V. GOWDA AND B.M.RAMESHA, ADVOCATES FOR R1 TO R5;
SRI RAJESH SHETTY, ADVOCATE FOR R2;
SMT.PADMA S UTTUR, ADVOCATE FOR R3;
SRI H.K.KENCHEGOWDA, ADVOCATE FOR C/R4 AND R5;
SRI H.M.MURALIDHAR, ADVOCATE FOR R6)
THIS RFA IS FILED U/SEC.96 & O-41 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.03.2011 PASSED IN O.S.8509/2004 ON THE FILE OF THE XXVII- ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR THE PARTITION.
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IN R.F.A.No.988/2011 BETWEEN
1 . SMT PARVATHAMMA.E W/O LATE PUTTASWAMAIAH, AGED ABOUT 43 YEARS, 2 . ABISHEK.P, S/O LATE PUTTASWAMAIAH, AGED MINOR, REP. BY HIS NATURAL GUARDIAN MOTHER, THE FIRST APPELLANT, BOTH ARE RESIDING AT KB QUARTERS, SLADEVANAHALLI HESSARGHATTA MAIN ROAD, C.B. POST, BANGALORE.
...APPELLANTS (BY SRI T.R.RAMAKRISHNA, ADVOCATE)
AND
1 . SMT KEMPAMMA W/O LATE LINGAIAH, AGED 77 YEARS, 2 . SMT. THAYAMMA, W/O LATE PUTTASWAMAIAHA, AGED ABOUT 46 YEARS, R/AT NO. 103, 2ND CROSS, BEHIND THAMMANAPPA PARK, MAGADI ROAD, BANGALORE-560 023.
3 . THE LIFE INSURANCE CORPORATION OF INDIA, BY ITS BRANCH MANAGER, RICHMOND TOWN BRANCH, CANARA MUTUAL BUILDING, 2ND FLOOR, RESIDENCY ROAD, BANGALORE-560 025.
4 . BANGALORE ELECTRICITY SUPPLY COMPANY(BESCOM)
K.R. CIRCLE, BANGALORE-560 001. 5 . SMT. KAVITHA, D/O LATE SMT. SHIVARATHANAMMA, AGED ABOUT 26 YEARS, R/AT "MANJUNATHA"
ANNEYEPPA COMPOUND, SARAKKI ILAGE, NEAR INDIRA GANDHI CIRCLE, J.P. NAGAR, 1ST PHASE, BANGALORE-560 078.
6 . M/S ADITYA SYNDICATE, 1ST FLOOR, ASHWINI COMPLEX, A.M. LANE, CHIKPET, BANGALORE-560 051.
…RESPONDENTS (BY SRI VASANTH, ADVOCATE FOR C/R2;
SRI H.K.KENCHEGOWDA, ADVOCATE FOR C/R5)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER
41, RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 5.3.2011 PASSED IN O.S.NO.8509/2004 ON THE FILE OF THE XXVII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION, DECLARATION.
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THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.02.2023, COMING ON FOR 'PRONOUNCEMENT OF JUDGMENT' THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT
1. These appeals are directed against the judgment and decree passed in O.S.No.8509/2004 dated 05.03.2011 on the file of XXVII Additional City Civil Judge, Bengaluru.
2. RFA No.949/2011 is filed by plaintiffs. RFA No.988/2011 is filed by defendant Nos.2 and 6. RFA No.2142/2011 is filed by defendant No.7, which has already been disposed of by this Court on 12.01.2015.
3. Parties are referred to as plaintiffs and defendants as per their original ranking before the Trial Court for the sake of convenience.
4. Plaintiffs filed the suit in O.S.No.8509/2004 seeking relief of partition of 'A' and 'B' schedule properties comprising of Life Insurance Policies and family benefit fund, encashment of earned leave and other service benefits in respect of Puttaswamaiah @ Puttaswamygowda. Plaintiffs claim that second defendant has no legal right, title or interest over the aforesaid properties left behind by Puttaswamaiah and they also sought an injunction against defendant Nos.3 and 4 restraining them from releasing or disbursing the amount covered under Life Insurance Policies and retirement benefit to the second defendant. Plaintiffs also claim that they are only the legal heirs of Puttaswamiah and therefore, they are entitled to receive the benefits as referred to supra and sought for mandatory injunction directing defendant Nos.3 and 4 to release the amount covered under 'A' and 'B' schedule properties to the extent of 1/3rd each in favour of the plaintiffs. 'A' schedule property and 'B' schedule property are culled out hereunder for ready reference:
'A' SCHEDULE PROPERTY Life insurance policies stranding in the name of late Puttaswamaiah bearing Nos. 361021743, 610537800, 610538869, 610581822, 610961367, 610970861, 611317231, 611343834, 611415044, 611433549, 611528139 and
610932575.
'B' SCHEDULE PROPERTY:
Family benefit fund, encashment of earned leave, family pension and Death-cum-retirement gratuity and all other terminal benefits relating to deceased Puttaswamaiah."
5. The plaint averments further reveal that first plaintiff is the wife of late Lingaiah @ Lingegowda and they had 5 sons and 2 daughters. It is the further case of the plaintiffs that daughters are married and they are living in their respective matrimonial houses. Amongst the sons of plaintiff No.1-Kempamma and Lingaiah, one Puttaswamaiah @ Puttaswamygowda was living with first plaintiff during his life time and he was employed with the fourth defendant as a Lineman. First plaintiff being the mother of Puttaswamiah @ Puttaswamygowda, and second plaintiff (Tayamma) being the legally wedded wife of Puttaswamiah @ Puttaswamygowda are the only legal heirs of Puttaswamaiah, who died on 23.10.2004 while in the service.
6. It is further contended that Puttaswamiah son of the first plaintiff died on 23.10.2004 while in service at the age of 46 years. The said Puttaswamaiah, during his life time, contracted the second marriage with the first defendant-Shivarathnamma as the second wife without the knowledge and consent of anybody. It is also revealed that a daughter was born to the first defendant in the said wedlock. First defendant filed a case for maintenance under Section 125 Cr.P.C., on the file of the Magistrate at Malavalli and a sum of Rs.400/- per month was ordered as the maintenance by Puttaswamaiah. 'A' schedule property comprising of the Life Insurance Policies, have been purchased by the deceased Puttaswamaiah during his life time wherein he has shown first plaintiff as nominee in respect of some of policies and second plaintiff as the nominee for the rest of the policies. On account of untimely death of Puttaswamaiah, the properties are now inherited by plaintiffs and fifth defendant Smt.Savitha who is the daughter born to the first defendant through Puttaswamaiah.
7. Plaint averments also reveal that after the demise of Puttaswamaiah, plaintiffs approached the concerned Authorities including defendant Nos.3 and 4 requesting for settlement of the claims on account
