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NC: 2023:KHC-K:5412

RSA No. 7198 of 2010

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 14^TH DAY OF JULY, 2023

BEFORE

THE HON'BLE MR. JUSTICE C M JOSHI

REGULAR SECOND APPEAL NO. 7198 OF 2010 (PAR/POS)

BETWEEN:

1 BHEESMARAJA,

S/O PANDURANGAPPA ELLUR,

AGED ABOUT 59 YEARS,

OCC: BUSINESS,

R/O H.NO. 12A1,1581/2,

1ST FLOOR, MOULA MANSION,

NEAR NETAJI PUBLIC SCHOOL,

RAILWAY STATION ROAD,

BOUDHANAGAR,

SECUNDARABAD.

...PETITIONER

(BY SRI MANVENDRA REDDY, ADVOCATE [V/C])

AND:

1 SMT RADHABAI,

W/O LATE ELLUR PANDURANGAPPA,

AGED ABOUT 80 YEARS,

OCC: HOUSEHOLD,

R/O H.NO. 4-8-142,

MANGALWARPETH,

RAICHUR-584 101.

2 SHASHIREKHA,

W/O LATE DR. ASHOK RAJ ELLUR,

AGED ABOUT 55 YEARS,

R

Digitally signed by

SOMANATH

PENTAPPA MITTE

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:5412

RSA No. 7198 of 2010

OCC: HOUSEHOLD,

R/O H.NO. 93/1, RAJHOUSE,

HALKAR CROSS, HEGDE ROAD,

KUMTA.

3 SUNDERRAJ,

S/O LATE DR. ASHOKRAJ,

AGED ABOUT 32 YEARS,

OCC: STUDENT,

R/O H.NO. 693/1, RAJHOUSE,

HALKAR CROSS, HEGADE ROAD,

KUMTA.

4 HARSHARAJ,

S/O LATE DR. ASHOKRAJ,

AGED ABOUT 21 YEARS,

OCC: STUDENT,

R/O H.NO. 693/1,RAJHOUSE,

HALKAR CROSS,HEGDE ROAD,

KUMTA.

5 SMT. SAVITRAMMA,

W/O P.KRISHNAMURTHY,

AGED ABOUT 61 YEARS,

OCC:HOUSEHOLD,

R/O RADHA KRISHNA DEPARTMENTAL

STORES, OPP VIJAYALAXMI THEATRE

7-1-601, NEAR MADA TEMPLE

AMEERPETH, CHOURASTA,

HYDERABAD.

6 ELLUR VENKATESH,

S/O LATE PANDURANGAPPA,

AGED ABOUT 57 YEARS,

OCC: BUSINESS,

R/O H.NO. 4-8-140,

MANGALWAR PETH,

RAICHUR-584 101.

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NC: 2023:KHC-K:5412

RSA No. 7198 of 2010

7 ELLUR GOPALKRISHNA,

S/O LATE PANDURANGAPPA,

AGED ABOUT 55 YEARS,

OCC: BUSINESS,

R/O H.NO. 4-8-142,

MANGALWARPETH,

RAICHUR-584 101.

…RESPONDENTS

(BY SRI SACHIN M MAHAJAN, ADVOCATE FOR R-1, R-6 & R-7

[V/C]

R2 & R5 SERVED AND UNREPRESENTED)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE

JUDGEMENT AND DECREE OF CIVIL JUDGE (SR.DN.) RAICHUR

IN O.S.NO. 51/2005 DATED 10.12.2007, OF THE PRL. DIST.

JUDGE, RAICHUR IN R.A.NO. 3/2008 DATED 22.01.2010.

THIS APPEAL HAVING BEEN HEARD THROUGH VIDEO

CONFERENCE AND RESERVED FOR JUDGMENT ON 21.06.2023,

COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY

THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT

DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is directed against the judgment in OS

No.51/2005 by learned Additional Civil Judge (Sr.Dn)

Raichur, on 10-12-2007 which came to be confirmed in

RA No.3/2008 by the learned Principal District Judge,

Raichur, on 22-01-2010, whereby the suit for partition by

the appellant came to be dismissed.

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RSA No. 7198 of 2010

2. The facts that are necessary for the purpose of

this second appeal are as below:

The undisputed facts are that the plaintiff, defendant

Nos.5,6 and 7 and another Ashokraj are the genitive

children born to defendant No.1 from the propositus

Kamvar Elluru Pandurangappa. The defendant Nos. 2 to 4

are wife and children of deceased Ashokraj, who was the

first

son

of

defendant

No.1

and

Kamvar

Elluru

Pandurangappa. It is also an admitted fact that the father

of the plaintiff, Elluru Pandurangappa died intestate on

27-12-2004. He left behind him the suit schedule A to D

properties. It is also an admitted fact that Elluru

Pandurangappa and his wife, the defendant No. 1, had

executed an Adoption Deed in favour of P.Vishnu and

P.Shantabai on 22-12-1974. But the plaintiff contends that

the adoption is bad in law.

3. The plaintiff who is before this Court in second

appeal contended that soon after the death of his father

Ellur Pandurangappa, he demanded his 1/5th share in the

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RSA No. 7198 of 2010

suit properties and the defendants denied the same and