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ADIVEPPA – Appellant
Versus
YALLAPPA – Respondent
RSA 2511/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL 2021
BEFORE
THE HON9BLE MR.JUSTICE NATARAJ RANGASWAMY
REGULAR SECOND APPEAL NO.2511 OF 2017 (DEC)
BETWEEN:
1.
ADIVEPPA
S/O YALLAPPA KANNAVAR,
AGED ABOUT 40 YEARS,
2.
ANAND. Y
S/O. YALLAPPA KANNAVAR,
AGED ABOUT 34 YEARS,
BOTH ARE R/AT 4TH MAIN,
3RD CROSS, KHANADA AREA,
YALLAMMA NAGARA,
DAVANAGERE-577002.
&APPELLANTS
(BY SRI. M. SUDHAKAR PAI, ADVOCATE)
AND:
1.
YALLAPPA
S/O ADIVAPPA KANNAVAR,
AGED ABOUT 59 YEARS,
C/O PAKKIRAMMA,
W/O KAREGOUDAPPA,
R/AT KHANADA AREA,
4TH MAIN, 3RD CROSS,
YALLAMMA NAGAR,
DAVANAGERE-577 002.
2.
AKTAR UNNISA
W/O ABUTALIB M. KHAN,
2
AGED ABOUT 64 YEARS,
C/O WEST COAST PAPER MILLS LTD.,
DANDELI-581 325,
UTTARA KANNADA DISTRICT.
HALASIDDANAGOUDA
S/O HUCHANAGOUDA PATIL,
SINCE DECEASED BY LRs.,
3.
SMT. KAMALAMMA,
W/O. LATE HALA SIDDANAGOWDA,
AGED ABOUT 70 YEARS
4.
S.H. PATEL
S/O. LATE HALA SIDDANAGOWDA,
AGED ABOUT 50 YEARS,
5.
P.H. PATEL
S/O. LATE HALA SIDDANAGOWDA,
AGED ABOUT 48 YEARS,
6.
SMT. SHOBHA
W/O. ESHWARAPPA PATIL,
AGED ABOUT 40 YEARS,
RESPONDENTS 3 TO 6 ARE ALL
R/AT NO.1461/3, 8TH CROSS,
SIDDAVEERAPPA BADAVANE,
DAVANAGERE-577002.
7.
B. MANGAMMA
W/O K. SHIVAREDDY,
AGED ABOUT 58 YEARS,
R/AT DOOR NO.3672/A,
8TH MAIN, MCC 8B9 BLOCK,
DAVANGERE-577002.
8.
L. KASHIREDDY
S/O L. KONDAREDDY,
AGED ABOUT 56 YEARS,
R/AT NO.3057, 8TH MAIN,
MCC 8B9 BLOCK,
DAVANGERE-577002.
3
9.
R. VENKATAREDDY
S/O VENKATAREDDY,
AGED ABOUT 55 YEARS,
R/AT NO.2755, 4TH CROSS,
3RD MAIN, MCC 8B9 BLOCK,
DAVANGERE-577002.
10.
B. SRINIVASAREDDY
S/O. B. VENKATAREDDY,
AGED ABOUT 52 YEARS,
R/AT NO.940,
SHIVAKUMARASWAMY EXTENSION,
2ND STAGE,
DAVANGERE-577002.
11.
VENKATA RAMANNA REDDY
S/O B. RAMA REDDY,
AGED ABOUT 52 YEARS,
R/AT KENCHANAHALLI,
HARIHARA TALUK,
DAVANGERE DISTRICT-577601.
12.
RAMAKRISHNA REDDY
S/O LATE CHINCHI REDDY,
AGED ABOUT 52 YEARS,
R/AT HONNUR GOLLARAHATTI,
DAVANGERE TQ. AND DISTRICT-577602.
&RESPONDENTS
(BY SRI.PHANIRAJ KASHYAP, ADVOCATE FOR CAVEATOR /
RESPONDENT NO.8)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CIVIL PROCEDURE CODE AGAINST THE
JUDGMENT AND DECREE DATED 12.09.2017 PASSED IN
R.A.NO.96/2012 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, DAVANAGERE, DISMISSING THE APPEAL
FILED
AGAINST
THE
JUDGMENT
AND
DECREE
DATED
17.07.2012 PASSED IN O.S.NO.37/2003 ON THE FILE OF THE II
ADDL. SENIOR CIVIL JUDGE, DAVANGERE.
4
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the plaintiffs in O.S.
No.37/2003 challenging the concurrent finding of fact
recorded by the Trial Court in O.S. No.37/2003 and the
First Appellate Court in R.A. No.96/2012 by which both the
Courts held that the plaintiffs are not entitled to any share
in the suit 8A9 schedule property.
2.
For the sake of convenience, the parties will
henceforth be referred to as they were arrayed before the
Trial Court.
3.
A suit was filed by the plaintiffs for partition
and separate possession of their 2/3rd share in the suit
schedule 8A9 to 8D9 properties. The Trial Court after
recording the evidence, partly decreed the suit and
declared that plaintiff Nos.1 and 2 are entitled to half share
each in the suit schedule 8B9, 8C9 and 8D9 properties.
However, the suit 8A9 schedule property was allotted to the
share of defendant No.1 as he had sold it to defendant
5
Nos.8 and 9 for legal necessities of the family. The
defendant Nos.8 and 9 were reserved the liberty to seek
apportionment of the suit 8A9 schedule property to the
share of defendant No.1 in the final decree proceedings.
In appeal in R.A. No.96/2012 preferred therefrom by the
plaintiffs, the First Appellate Court dismissed the appeal,
but however modified the Judgment and Decree of the
Tr
