IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2387 OF 2023 (PAR)

BETWEEN:

SRI. NAGENDRA S/O AJJAPPA AGED ABOUT 36 YEARS, R/AT BEGUR VILLAGE, BEGUR HOBLI BANGALORE SOUTH TALUK.

…APPELLANT (BY SRI. SHRAVAN S LOKRE, ADVOCATE AND SRI. SAMARTH S. LOKRE, ADVOCATE)

AND:

1. SMT. MADAKKA @ AMMAYAMMA W/O LATE BYYANNA Digitally signed AGED ABOUT 54 YEARS by AL BHAGYA Location: HIG H COURT OF KARNATAKA 2. SMT LALITHAMMA W/O LATE SEETHAPPA AGED ABOUT 45 YEARS

3. SMT ANUSUYA W/O HANUMANTHAPPA AGED ABOUT 41 YEARS RESPONDENTS NO.1 TO 3 ARE R/A BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK.

4. SMT. INDIRAMMA W/O MARAPPA AGED ABOUT 43 YEARS R/AT VAJARAHALLI VILLAGE, BANGALORE SOUTH TALUK.

5. SRI. MUNIYAPPA S/O LATE CHOWDAPPA AGED ABOUT 78 YEARS, SINCE DEAD REPRESENTED BY HIS LRS RESPONDENT NO.6 AND NO.7

6. SREEHARI S/O MUNIYAPPA AGED ABOUT 38 YEARS, 7. SRI UMESH S/O MUNIYAPPA AGED ABOUT 33 YEARS, RESPONDENT NO.5 TO 7 R/AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK.

8. SRI. RAMASWAMY, S/O LATE CHOWDAPPA, AGED ABOUT 70 YEARS, SINCE DEAD REPRESENTED BY HIS LRS RESPONDENT NO.9 AND 12

9. SRI SURESH S/O LATE RAMASWAMY AGED ABOUT 38 YEARS, 10. SRI SEENAPPA S/O LATE CHOWDAPPA AGED ABOUT 65 YEARS, 11. SRI. RANESH, S/O SEENAPPA, AGED ABOUT 20 YEARS, 12. SMT. CHIKKAMUNIYAMMA W/O RAMASWAMY AGED ABOUT 60 YEARS, RESPONDENTS NOS. 8 TO 12 R/A NO. BEGUR VILLAGE BEGUR HOBLI, BANGALORE SOUTH TALUK.

…RESPONDENTS (BY SRI. RAGHAVENDRA V, ADVOCATE AND SMT. SHILPA RANI, ADVOCATE FOR R6, R7, R9 AND R10; VIDE ORDER DATED 13.06.2024 NOTICE TO R1, R3, R11 AND R12 ARE HELD SUFFICIENT;

VIDE ORDER DATED 28.10.2024, R6 AND R7 ARE THE LR'S OF DECEASED R5;

VIDE ORDER DATED 28.10.2024, R9 AND R12 ARE THE LR'S OF DECEASED R8)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.12.2014 PASSED IN OS.NO.1646/2005 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE (R) DISTRICT, BANGALORE, DISMISSING THE SUIT FOR PARTITION.

THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The captioned petition is filed by the unsuccessful plaintiffs questioning the judgment and decree passed in O.S.No.1646/2005, dated 20.12.2014, passed by II Addl.

Senior Civil Judge, Bangalore Rural District, Bangalore.

2. For the sake of convenience, the parties are referred as per their ranks before the Trial Court.

3. Family tree of the plaintiffs and defendants are as under:

CHOWDAPPA (Prepositus in Title to Appellant and Respondents)

AJJAPPA MUNIYAPPA RAMASWAMY SEENAPPA RUKKAMMA (W/O AJJAPPA DIED)

SONS OF AJJAPPA DAUGHTERS OF AJJAPPA A.LOKESH NAGENDRA MADAKKA LAKSHMAMMA LALITHAMMA INDIRAMMA ANUSUYAMMA MANJULA (DIED BY LRS) (APPELLANT) (Died)

(WIFE OF RATHNAMMA AND CHILDREN FILED SUIT IN O.S.NO.744/2020)

4. Before proceeding to hear the appeal, this Court specifically notified the learned Senior Counsel appearing for the appellants that, in view of the inordinate delay of 2,466 days in filing the appeal, the matter would be heard both on the question of delay as well as on the merits of the case. The parties were accordingly put on notice that the appeal may be dismissed not only on the ground of delay but also on merits, should the case warrant such dismissal.

5. The brief facts leading to the case are as follows;

Ajjappa, the eldest son of the propositor Chowdappa, instituted a suit for partition and separate possession in respect of the suit schedule properties. The suit was filed by Ajjappa along with his son Nagendra, his younger brother Muniyappa, and Muniyappa’s two children, who were arrayed as plaintiffs No.4 and 5. The plaintiffs collectively contended that the suit schedule properties are joint family ancestral properties, and that they, along with the other family members, constitute an undivided Hindu joint family. It was further pleaded that Ajjappa a