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KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
HONNAPPA S/O. FAKKIRAPPA GOVINDAPPANAVAR @ TALWAR – Appellant
Versus
SMT. YELLAVVA W/O. FAKIRAPPA GOVINDAPPANAVAR @ TALWAR, SINCE DECESED – Respondent
| Table of Content |
|---|
| 1. key facts of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's identification of joint family properties (Para 6 , 12 , 35) |
| 3. arguments about the will's legitimacy and its implications (Para 10 , 11 , 41) |
| 4. legal presumption regarding joint family acquisitions (Para 29 , 30 , 31) |
| 5. order for share distribution (Para 43) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. This Regular First Appeal is filed by the appellants, challenging the Judgment and the preliminary decree dated 18.02.2012 passed in O.S.No.35/2009 by the learned Additional Senior Civil Judge, Haveri (for short ‘the Trial Court’).
2. For convenience, the parties are referred to, based on their rankings before the Trial Court. The appellants were defendant Nos.1 to 3 and 6 to 10, respondent Nos.1 and 3 were the plaintiffs, and the other respondents were the defendants.
3. Brief facts, leading rise to the filing of this appeal are as follows:
The plaintiffs filed the suit against the defendants for partition and separate possession regarding the suit schedule properties. One Fakkirappa was the original propositus, and he had a wife by name Yellavva. Fakkirappa and Yellavva had nine sons, i.e., pla
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