IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1087 OF 2018 (PAR)

BETWEEN:

1. MRS. MAHADEVAMMA

W/O MAHESHWARAPPA, AGED ABOUT 57 YEARS,

PRASHANTHNAGAR,

HARIHARA, HALEBATHI ROAD,

HARIHAR-577 601.

2. MRS. LALITHAMMA @ SIDDAMMA

D/O MARULASIDDAPPA, AGED ABOUT 54 YEARS, HOLESIRIGERE VILLAGE,

K.N. HALLI ROAD,

HARIHAR TALUK-577 601.

…APPELLANTS

(BY SRI SANATHKUMAR SHETTY K, ADVOCATE)

AND:

SMT. G. SAVITHRAMMA

W/O L.M. REVANASIDDAPPA,

AGED ABOUT 44 YEARS,

C/O NO.5465, 1^ST MAIN, 4^TH CROSS,

BANASHANKARI LAYOUT,

NEAR NH4 ROAD,

DAVANGERE-577 004.

…RESPONDENT

(BY SRI HANUMANTHAPPA, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 ORDER XLI RULE

1 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 17.03.2018 PASSED IN O.S.NO.73/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 impugning the judgment and decree dated 17.03.2018 passed by the learned Principal Senior Civil Judge, Davanagere, in Original Suit No.73/2016 instituted by the appellants/plaintiffs.

2. The plaintiffs instituted the aforesaid suit stating that the parties to the suit are Hindus and governed by the Mitakshara School of Law, and the provisions of the Hindu Succession Act, 1956 as amended would be applicable to the parties in respect of the succession/partition of the suit schedule properties. The plaintiffs are the married daughters of one late Marulasiddappa and the defendant is the widow of Revanasiddappa, the son of late Marulasiddappa.

3. The family tree of the parties is given hereunder:

Siddappa Hole Basakkala Basappa (son) Marulasiddappa (son)

Nagarajappa (son) Muniyappa (son)

Mahadevamma Lalithamma Revanasidappa (daughter) (daughter) (Son)

(plaintiff No.1) (plaintiff No.2) (died on

28.06.2002)

Smt.G.Savithamma (widow and the only surviving legal heir of Revanasiddappa (Defendant)

4. According to the plaintiffs, their parents, the plaintiffs and their brother Revanasiddappa, the late husband of the defendant, constituted a Hindu Joint Family and they were in joint possession and enjoyment of the properties of agricultural land bearing Survey No.19/1 measuring 2 acres 16 guntas, Survey No.18/3 measuring 6 acres 25 guntas situated at Basapura Village of Davanagere Taluk and Survey No.45/1 measuring 5 acres situated at Putaganahalu Village of Davanagere Taluk. Item No.1 of the suit schedule properties is a joint family property of the plaintiffs and the defendant, which was purchased by the father of the plaintiffs in the name of his only son Revanasiddappa in the year 1979, Item Nos.2 to 8 are the ancestral properties of the plaintiffs and the defendant. The suit schedule properties were in joint possession and enjoyment of the plaintiffs and the defendant till the filing of the said suit. The plaintiffs stated that they, being the joint family members with the defendant, were having equal share along with the defendant as per the provisions of the amended Hindu Succession Act. The plaintiffs came to know that the defendant was attempting to alienate the suit schedule properties and they were having 3/4^th share in the suit schedule properties. Therefore, they filed the suit for partition claiming 3/4^th share in the suit schedule properties.

5. The defendant, on the other hand, stated that the plaintiffs got married way back in the year 1979. They were given gold ornaments (10 tolas) and cash of Rs.10,000/- each as per their share in the joint family. After the death of their mother Sankamma, the plaintiffs had received 12 tolas of gold orna