IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 115 OF 2024 (PAR)

BETWEEN:

1. SMT. SAVITHRAMMA, D/O LATE CHICKEERAPPA W/O SRI P ANJANAPPA AGED ABOUT 65 YEARS, R/AT AJJAVARA VILLAGE AND POST, NANDI HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR-562 101.

2. SRI D E RAMEGOWDA S/O LATE CHICKEERAPPA AGED ABOUT 63 YEARS R/AT DINNEHOSHALLI VILLAGE KASABA HOBLI, CHIKKABALLAPUR TALUK CHIKKABALLAPUR -562 101.

…APPELLANTS Digitally (BY SRI. MANJUNATH G KANDEKAR.,ADVOCATE)

signed by MADHURI S AND:

Location:

High Court of SMT. CHOWDAMMA Karnataka W/O CHIKEERAPPA (ORIGINAL DEFENDANT NO.1)

SINCE DEAD BY HER LRS AND D E VENKATESH ORIGINAL 2ND DEFENDANT SINCE DECEASED BY HIS LRS

1. SRI MANJUNATH S/O LATE D E VENKATESH AGED ABOUT 51 YEARS, 2. SMT BHAGYAMMA D/O LATE D E VENKATESH W/O MANJUNATH AGED ABOUT 48 YEARS, R-1 AND 2 ARE R/AT:

DINNEHOSAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT CHIKKABALLAPUR -562 101.

3. SRI D E NAGARAJ S/O LATE CHICKEERAPPA AGED ABOUT 67 YEARS, R/AT DINNEHOSAHALLI KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT PIN CODE-562 101. 4. SRI D GANESH S/O LATE CHICKEERAPPA AGED ABOUT 60 YEARS, R/AT DINNEHOSAHALLI KASABA HOBLI, CHICKBALLAPUR TALUK AND DISTRICT PIN CODE-562 101.

5. SRI P MUNIRAJU S/O PAPAIAH AGED ABOUT 68 YEARS, R/AT PRASHANTHANAGAR DINNENHOSAHALLI ROAD CHICKBALLAPUR PIN CODE-526 101.

…RESPONDENTS (BY SRI. MILAN.B.K, ADVOCATE FOR R-2 SRI. S. NARENDRA, ADVOCATE FOR R-3 & R-4 SRI. B.S. VENKATANARAYANA, ADVOCATE FOR R-5 R-1 IS SERVED AND UNREPRESENTED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.08.2023 PASSED IN RA.NO.18/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKBALLAPURA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 09.12.2016 PASSED IN O.S.NO.43/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHIKKABALLAPUR.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri. Manjunath G. Kandekar and Sri. V. S.

Venkatanarayanan for Sri. Sudhakar Despande with respect to respondent No.5.

2. Plaintiffs have preferred the present second appeal challenging the judgment of the Trial Court in O.S.No.43/2010, whereby their suit can be dismissed and in their appeal in R.A.No.18/2017 decreed in part and present appeal is only to the extent of denying the share of the plaintiffs in Item No. 6 of the suit property, which is more fully described hereunder and hereinafter referred to as 'Disputed Property':

Property bearing Sy.No.3/1, measuring to an extent of 1-14 guntas including karab of 0-02 guntas, assessed at Rs.1.92, situated at Dinnehosahalli Village, Kasaba Hobli, Chickballapura Taluk bounded on:-

East by : Channarayappa's land West by : Munirajappa's land North by : Chikkappaiah's land South by : Muniraju's land

3. The facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:

A suit for partition came to be filed by the plaintiffs in O.S.No.43/2010, contending that the plaintiffs and defendants are members of undivided Hindu Joint Family and suit properties including disputed property are the Joint Family Properties. They have further contended that all the plaintiffs and defendant Nos.1 to 4 possess 1/6^th share in the suit properties and sought for decreeing the suit. Further, they contended that the sale of Item No.6 of the suit property (the disputed property) in favour of the defendant No.5 which is not for the family necessity and thus, they are entitled for the share in all the properties.

4. Defendants entered appearance and filed written statement.

5. Learned Judge in the Trial Court on due trial, dismissed the suit of the plaintiffs.

6. Being aggrieved by the same, plaintiffs filed an appeal in R.A.No.18/2017, before the First Appellate Court.

7. Learned Judge in the Firs