IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.1297 OF 2024 (PAR)

BETWEEN:

1. SRI. N. MANJUNATH,

S/O LATE N. NANJUNDAPPA,

AGED ABOUT 50 YEARS,

RA/T PERESANDRA VILLAGE,

MANDIKAL HOBLI,

CHIKKABALLAPUR TALUK-562101.

…APPELLANT

(BY SRI B.R. VIJAYAPRAKASH, ADVOCATE)

AND:

1. SMT. GIRIJAMMA,

D/O LATE N. NANJUNDAPPA,

Digitally signed W/O VEERABHADRAPPA,

by DEVIKA M

AGED ABOUT 65 YEARS,

Location: H IGH R/AT AGALAGURKI VILLAGE,

COURT OF

NANDI HOBLI, KARNATAKA

CHIKKABALLAPUR TALUK-562101.

2. SMT. NIRMALAMMA,

D/O LATE N. NANJUNDAPPA,

W/O MAHADESHAPPA,

AGED ABOUT 62 YEARS,

R/AT TOWN HALL CIRCLE,

DEVANAHALLI TOWN-562110, BENGALURU RURAL DISTRICT.

3. SMT. KUMARAMAM @ SHIVAKUMARI, D/O LATE N. NANJUNDAPPA, W/O NATARAJAPPA, AGED ABOUT 59 YEARS, R/AT TOWN HALL CIRCLE, DEVANHALLI TOWN-562110, BENGALURU RURAL DISTRICT.

4. SMT.SHARADAMMA, D/O LATE N. NANJUNDAPPA, W/O MRUTHUNJAYA, AGED ABOUT 53 YEARS, R/AT BEHIND KANNADA SCHOOL, HUNASAMARANAHALLI VILLAGE, B.B. ROAD, JALA HOBLI, BENGALURU NORTH TALUK-560071.

5. SRI. GAJENERA D.L., S/O LAXMIPATI D.A., AGED ABOUT 51 YEARS, R/AT S. DEVAJANAHALLI VILLAGE, SADALLI HOBLI, SIDALGAHTA TALUK-562105, CHIKKABALLAPUR DISTRICT.

…RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR C/R1 AND R4 AND ALSO VAKALATH FILED FOR R2 AND R3)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.07.2024 PASSED IN R.A.NO.97/2023 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.11.2023 PASSED IN O.S.NO.450/2007 ON THE FILE OF SENIOR CIVIL JUDGE, GUDIBANDE.

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 matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 to 4.

2. This second appeal is filed against the concurrent finding.

3. The factual matrix of the case of the plaintiffs before the Trial Court while seeking the relief of partition and separate possession it is contented that the plaintiffs and defendant No.1 are the children of late N.Nanjundappa and Smt. Puttarajamma, who is defendant No.2 herein. The plaintiffs and defendant No.1 are in joint possession and enjoyment of the plaint schedule property as coparceners and they have inherited the property from their father. The plaint schedule property was acquired by N.Nanjundappa, the father of the plaintiffs and defendant No.1 through a registered sale deed in the year 1972-73 out of the joint family nucleus and he was in possession and enjoyment of the suit schedule property along with his children during his lifetime. The entries in the revenue records were accepted in favour of N.Nanjundappa by virtue of the sale deed. During his last days, N.Nanjundappa executed a registered Will dated 26.06.2002 in favour of the plaintiffs and defendant No.1 allotting 1/5^th share each to his children. The Will is duly registered and N.Nanjundappa is no more. After his death, the plaintiffs and defendant No.1 have succeeded the property and they are in joint possession.

4. It is also the case of the plaintiffs that the property bearing junjur No.424, khatha No.105/4, measuring to an extent of east to west 30 feet, north to south 40 feet, situated at Peresandra Village, Mandikallu Hobli, Chikkaballapura Taluk, belongs to Smt. Puttarajamma W/o Nanjundappa, who is the mother of the plaintiffs and defendant No.1. After her death, the plaintiffs and defendant No.1 are having equal right, title and interest over the said property and they are entitled to get share in the said property. However, the defendant colluding with the Panchayat authority without consent of the plaintiffs, transferred the khatha in his name without having any legal right. The defendant No.1 after getting the khatha in his name, alienated the schedule item No.2 prope