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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 659 OF 2021 (PAR)
BETWEEN:
1. KARIYANNA S/O LATE SHIRIYANNA @ KAPPANNA AGE ABOUT 85 YEARS
2. K SHIRIYANNA S/O LATE SHIRIYANNA @ THIPPEERAJJA KAPPANNA AGE ABOUT 65 YEARS
3. SHIVANNA S/O LATE SHIRIYANNA @ THIPPEERAJJA KAPPANNA AGE ABOUT 60 YEARS APPELLANTS NO.1 TO 3 ARE Digitally signed R/O HEGGERE VILLAGE by SHARADAVANI CHALLAKERE TALUK B Location: High CHITRADURGA DISTRICT - 577 522 Court of Karnataka
4. SHIRIYANNA S/O KOTE KARIYAJJA AGE ABOUT 60 YEARS AGRICULTURE OFFICER RMC YARD OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE DAVANAGERE - 577 001
5. ERANNA S/O LATE MAHALINGAPPA AGED ABOUT 65 YEARS
6. KARIYANNA S/O LATE MAHALINGAPPA AGED ABOUT 70 YEARS APPELLANTS NO.5 TO 6 ARE R/O GOPANAHALY VILLAGE CHALLAKERE TALUK CHITRADURGA DISTRICT - 577 522 …APPELLANTS (BY SRI. SPOORTHY HEGDE N.,ADVOCATE)
AND:
1. GOWRAMMA W/O LATE ERANNA @ KURI ERANNA AGE ABOUT 70 YEARS AGRICULTURIST
2. KARIYAMA D/O LATE ERANNA @ KURI ERANNA AGED ABOUT 50 YEARS AGRICULTURIST
3. MAHALINGAPPA S/O LATE ERANNA @ KURI ERANNA AGED ABOUT 47 YEARS AGRICULTURIST RESPONDENTS NO.1 TO 3 ARE R/O HEGGERE VILLAGE CHALLAKERE TALUK - 577 222
4. ERAMMA W/ O LATE RUDRAMUNI D/O LT ERANNA @ KURI ERANNA AGED ABOUT 43 YEARS R/O DODDERI VILLAGE CHALLAKERE TALUK - 577 222
5. JAYAMMA W/O NAGARAJA D/O LATE ERANNA @ KURI ERANNA AGE ABOUT 40 YEARS AGRICULTURIST 6. KARIYANNA S/O LT KYATHAPPA AGE ABOUT 65 YEARS AGRICULTURIST 7. SIRIYANNA S/O LATE KYATHAPPA AGE ABOUT 60 YEARS AGRICULTURIST
8. DEVARAJA S/O LATE KYATHAPPA AGE ABOUT 57 YEARS AGRICULTURIST
9. LAKSHMIDEVI W/O LATE ERANNA AGE ABOUT 45 YEARS AGRICULTURIST
10. VINODA D/O LATE ERANNA AGE ABOUT 23 YEARS AGRICULTURIST
11. SHASHIDHARA S/O LATE ERANNA AGE ABOUT 21 YEARS AGRICULTURIST
12. SUCHITRA D/O LATE ERANNA AGE ABOUT 19 YEARS AGRICULTURIST
13. RAKSHITH S/O LATE ERANNA AGE ABOUT 17 YEARS MINOR REP BY THEIR NEXT FRIEND GUARDIAN MOTHER LAKSHMIDEVI AGRICULTURIST RESPONDENTS NO.5 TO 13 ARE R/O HEGGERE VILLAGE CHALLAKERE TALUK - 577 222
14. NINGAMMA S/O ALTE SHIRIYANNA AGE ABOUT 50 YEARS R/O CHIKKENAHALLI VILALGE CHALLAKERE TALUK - 577222
15. BHUVALINGAPPA S/O LATE DEVANNA AGE ABOUT 65 YEARS R/O DEVARAMARIKUNTE VILLAGE CHALLAKERE TALUK - 577 222
16. SANNAMMA D/O LATE KARIYANNA @ KARIBUDANNA AGE ABOUT 80 YEARS AGRICULTURIST R/O HEGGERE VILLAGE CHALLAKERE TALUK - 577 222
17. SIRIYANNA S/O GOWDAPPA @ SEEMEYENNE GOWDAPPA AGE ABOUT 45 YEARS
18. ERANNA S/O SIRIYANNA @ HULLE SIRIYANNA AGE ABOUT 43 YEARS
19. SREENIVASA S/O SIRYANNA @ HULLE SIRIYANNA AGE ABOUT 40 YEARS RESPONDENTS NO.17 TO 19 ARE R/O YELAGATTE GOLLARAHATTI VILLAGE CHALLAKERE TALUK - 577 222
20. BADEERAPPA S/O LATE PAPANNA AGE ABOUT 60 YEARS AGRICULTURIST 21. KARIYANNA S/O LATE ERANNA AGE ABOUT 65 YEARS AGRICULTURIST
22. SIRIYANNA S/O LATE ERANNA AGE ABOUT 62 YEARS AGRICULTURIST
23. GURUMURTHY S/O LATE ERANNA AGE ABOUT 60 YEARS AGRICULTURIST RESPONDENTS NO.20 TO 23 ARE R/O HEGGERE VILLAGE CHALLAKERE TALUK - 577 222
24. PAPANNA S/O LATE BANDIKARIYAJJA AGED ABOUT 70 YEARS R/O HOSAHALLI CHALLAKERE TALUK - 577 222
25. JAYAMMA W/O LATE RAMANNA AGE ABOUT 50 YEARS AGRICULTURIST R/O HEGGERE VILLAGE CHALLAKERE TALUK - 577 222 …RESPONDENTS (BY SRI. B.M. SIDDAPPA, ADVOCATE FOR R1 TO R12 (ABSENT)
R13 IS MIONR AND REPRESENTED BY R9 R15, R17 TO R24 ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 22.06.2023, NOTICE TO R14, R16 AND R25 IS HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.12.2020 PASSED IN RA.No.56/2016 ON THE FILE OF THE SPECIAL 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.09.2016 PASSED IN OS.No.101/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri. Spoorthy Hegde, learned counsel for the appellants. Respondent's counsel is absent.
2. This second appeal is filed by the unsuccessful plaintiff challenging the dismissal of the suit in O.S.No.107/2007 confirmed in R.A.No.56/2016. Suit for partition and separate possession came to be filed in respect of the following properties (hereinafter referred to as 'suit properties'):
3. In the plaint, it is contended that common prepositus is Devarappa alias Dyavarappa son of Late Kariyanna alias Kariyajja. He had two wives namely Kariyamma and Sannamma. In the wedlock of Devarappa with Kariyamma three sons were born namely Doddappajja, Kariyanna alias Kariyajja and Buddajja. Among them, Doddappajja has got a son by name Badeerappa. Said Badeerappa had three sons namely Sariyanna @ Kappanna, Kariyanna @ Karubuddanna and Papanna. Siriyanna has got two sons namely Eranna and Kariyanna. Said Kariyanna is the first plaintiff in the suit.
4. Likewise, third son of Dyavarappa namely Eranna has got three sons namely Kariyanna, Siriyanna and Gurumurthy, who are defendants No.13, 14 and 15 in the suit. Among them, Kariyanna @ Karubuddanna has got three daughters namely Sannamma (Defendant No.3), Kariyamma and Shanthamma. Siriyanna s/o. Gowdappa @ Seemeyenne is the ninth defendant in the suit. Gowdappa is the son of Kariyappa and defendant No.10 by name Eranna and defendant No.11 by name Srinivasa are the children of Shanthamma. Defendant No.12 is Badeerappa who is the son of Papanna. These people are the branch of first son Doddappajja.
5. Second son of Devarappa @ Dyarappa, Kariyanna @ Kariyajja has got two sons by name Devarappa @ Dyavarappa and Siriyanna. Devarappa had four sons namely Kyathanna, Kariyanna @ Gundakariyanna, Siriyanna and Eranna @ Kariyanna who is the first defendant. Deceased Kyathanna had three sons namely Kariyanna, Siriyanna and Devaraja who are defendants No.2 to 4. Kariyanna @ Gundakariyanna died and he left only son by name Eranna who is the fifth defendant in the suit.
6. Likewise, Siriyanna has got only one son namely Ninganna who is the sixth defendant in the suit. Siriyanna also died leaving behind only son by name Devanna who is the seventh defendant. These persons represents the branch of second son of common prepositus Dyavarappa.
7. Third son of the common prepositus namely Buddajja had two sons namely Dodda Siriyanna and Eranna. Among them, Dodda Siriyanna left behind only son Kariyappa @ Thippeerajjagala Kariyappa who is the second plaintiff. Second son of Buddajja namely Eranna @ Kakkajja left behind his wife Basamma without any issues.
8. Among the children of second wife of common prepositus Devarappa @ Dyavarappa, two sons were born by name Sannajja and Papanna. Both of them died and Sannajja left behind two sons namely Sannasiriyappa and Mahalingappa. Said Sannasiriyappa had only son namely Kariyajja. Mahalingappa left behind two sons namely Eranna and Kariyanna who are plaintiffs No.4 and 5. 9. Papanna has got two sons namely Devarappa and Bandi Kariyajja. Devarappa left behind only son by name Ramanna who died. Jayamma who is the sixth defendant is the wife of said Ramanna. Bandikariyajja left behind one son by name Papanna who is the defendant No.16.
10. Plaintiffs further pleaded that first plaintiff has got 1/3rd share and second plaintiff has got 6/30th share, plaintiffs No.3 to 5 have together are entitled for 6/30th share, plaintiff No.6 has got 3/30th share, defendants No.1 to 6 together entitle for 3/30th share, defendant No.7 entitle for 3/30th share, defendants No.8 to 11 together entitle for 2/30th share and defendant No.16 is entitled for 3/30th share in the suit schedule properties and thus sought for decreeing of the suit.
11. It is also pleaded that Dyarappa has got landed properties in Sy.Nos.3, 4, 31, 106, 120 and 123 of Heggere Village and landed properties in Sy.Nos.71, 77, 161 and 3 acres 02 guntas of land in Sanikere Village. All the landed properties are dry lands a
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