IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

REGULAR FIRST APPEAL NO.1093 OF 2025 (PAR)

BETWEEN: NINGAMMA

D/O LATE DASAPPA

W/O PUTTARAJU

AGED ABOUT 49 YEARS

R/O: HARIVESANDRA VILLAGE

CHELUR HOBLI

GUBBI TALUK

TUMKUR DISTRICT - 572216

…APPELLANT

(BY SRI. P S MALIPATIL, ADVOCATE)

AND:

Digitally signed

by AL BHAGYA MANJUNATHA H D

Location: HIGH

COURT OF S/O LATE DASAPPA

KARNATAKA

AGED ABOUT 44 YEARS

R/O HARIVESANDRA VILLAGE

CHELUR HOBLI

GUBBI TALUK

TUMKUR DISTRICT -572216

…RESPONDENT

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST

THE JUDGEMENT AND DECREE DATED 29.11.2024 PASSED IN

O.S.NO.93/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE SUIT FOR PARTITION.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The present appeal is filed by the appellant–plaintiff calling in question the judgment and decree whereby the suit for partition, in which the plaintiff sought allotment of his legitimate half share in the suit schedule properties, came to be dismissed. Aggrieved by the said decree of dismissal,