IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.262 OF 2024 (PAR)

BETWEEN:

MANJUNATH @ R C MANJUNATH S/O LATE CHANDRASHEKHARAPPA, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O ANJANEYA TEMPLE ROAD, MAYAKONDA VILLAGE, DAVANAGERE VILLAGE AND TALUK, PRESENTLY RESIDING AT

12^TH CROSS, K.T.J. NAGARA, DAVANAGERE-577 002.

…APPELLANT (BY SRI SUNIL S NARAYAN, ADVOCATE)

Digitally signed AND:

by DEVIKA M Location: HIGH

1. SMT. RENUKAMMA @ C RENUKA COURT OF W/O NAGARAJAPPA, KARNATAKA AGED ABOUT 63 YEARS, R/AT HOSADURGA ROAD, MALLAPURA, CHITRADURGA-577 527.

2. SMT. NAGAMMA D/O RUDRESH, AGED ABOUT 43 YEARS, ANJANEYA TEMPLE ROAD, MAYAKONDA VILLAGE, DAVANAGERE-577 534 …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.11.2023 PASSED IN R.A.NO.179/2022 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE AND ETC.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This second appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.

2. This matter is listed for admission. Heard the learned counsel appearing for the appellant.

3. The factual matrix of the case of the plaintiffs before the Trial Court is that the suit schedule property is an ancestral and joint family property and the plaintiffs and defendants are in joint possession and enjoyment of the same. Defendant No.3 took the specific defence that there was a partition vide partition deed dated 27.01.2011 and the present appellant is defendant No.2 and he is questioning the concurrent finding of the Trial Court as well as the First Appellate Court wherein the parties have not disputes the relationship between them and not disputes the nature of the property that suit schedule property is an ancestral and joint family property. The claim is also made by the sisters. The sisters are also entitled for a share in the suit schedule property when there was no earlier partition. Though defendant No.3 took the specific defence that already there is a partition, the same is not substantiated by placing any documents. In the absence of any material with regard to the earlier partition, the sisters are also entitled for a share in the suit schedule property in view of the amendment to Section 6 of the Hindu Succession Act as they become as coparceners equally with the son. When such being the case, I do not find any error in the finding of the Trial Court and the First Appellate Court. The First Appellate Court also taken note of both oral and documentary evidence placed on record while answering Point No.1 and comes to the conclusion that the plaintiffs have filed the suit for the relief of partition and separate possession claiming their right. The genealogical tree is admitted and relationship is also admitted and defendant No.2 also filed the written statement admitting the averments made in paragraphs 2 and 3 of the plaint but denied the averments made in paragraphs 5 and 6 of the plaint and contend that already there was a partition but the same is not substantiated by placing a cogent material. When such being the case, I do not find any ground to admit and frame any substantive question of law when both the Courts come to the conclusion that relationship is not in dispute and nature of the property is also not in dispute and there is no partition between the parties. Hence, the contention of the counsel for the appellant that this Court has to frame substantive question of law that the admission given by PW1 in her cross-examination wherein she has admitted that appellant/defendant No.2 taken all the responsibility and expenditures towards marriage expenses and hospital expenses with respect to all the family members and loans taken for the purpose of cultivation cannot be a ground to defeat the right of the plain