IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO.718 OF 2011 (PAR)

BETWEEN:

SRI.K.N.RAMESH S/O LATE K.NARASIMHAIAH AGED ABOUT 51 YEARS RESIDING AT NO.772, 7^TH 'B' MAIN

5^TH BLOCK RAJAJINAGAR BENGALURU - 560 010 …APPELLANT (BY SRI.CHANDRASHEKAR B.K, ADVOCATE FOR SRI.B.T.INDU SHEKAR, ADVOCATE)

AND:

1. SRI.K.N.DRUVAKUMAR S/O LATE K.NARASIMHAIAH Digitally signed by AL BHAGYA AGED ABOUT 58 YEARS Location: HIGH COURT OF

2. SMT.H.GAYATHRI KARNATAKA W/O K.N.DRUVAKUMAR AGED ABOUT 50 YEARS

3. D.SHOBHA D/O K.N.DRUVAKUMAR AGED ABOUT 28 YEARS

4. D.SHIVARAJ S/O K.N.DRUVAKUMAR AGED ABOUT 19 YEARS RESPONDENT NOS.1 TO 4 ARE RESIDING AT NO.81

1^ST FLOOR (VYSHNAVI MARKETING SERVICE)

3^RD CROSS, MARUTHI NAGAR

80 FEET ROAD, CHANDRALAYOUT BENGALURU - 560 072

5. SMT.K.N MANJULA DEVI D/O LATE K.NARASIMHAIAH W/O M.N.DAMODARA AGED ABOUT 60 YEARS RESIDING AT NO.2020 1^ST MAIN, 12^TH CROSS RPC LAYOUT, VIJAYANAGAR

2^ND STAGE BENGALURU - 560 040

6. SRI.S.G.GARAGAM MAJOR RESIDING AT OUT HOUSE NO.772

17^TH 'B' MAIN, 5^TH BLOCK RAJAJINAGAR BENGALURU - 560 010 7. M.M.PAPER MART

8. GIRIJESHWAR MAJOR

9. BHUPAL RAO MAJOR

10. V.SAROJA NAIDU MAJOR

11. SRI.VENKATESHWARA CHATS RESPONDENT NOS.7 TO 11 ARE AT NO.772, 17^TH 'B' MAIN

5^TH BLOCK RAJAJINAGAR BENGALURU - 560 010.

12. L.N.DAGA MAJOR

13. SANJAY MAJOR RESPONDENT NOS.12 AND 13 ARE RESIDING AT NO.772, 17^TH 'B' MAIN

5^TH BLOCK, RAJAJINAGAR BENGALURU - 560 010 …RESPONDENTS (BY SRI.NANDGOPAL B, ADVOCATE FOR C/R.1 TO C/R.4;

SRI.B.V.KRISHNA, ADVOCATE FOR SRI.S.N.PRASHANTH CHANDRA, ADVOCATE FOR R.1 TO R.4;

SRI.G.S.RAVISHANKAR, ADVOCATE FOR SRI.G.S.SRIKANTESHWARAN ASSOCIATES FOR R.5;

NOTICE TO R.6 TO R.13 IS DISPENSED WITH V/O/D 24.08.2012)

THIS RFA IS FILED U/O-41, RULE-1, R/W SEC.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 04.02.2011 PASSED IN O.S.NO.968/2003 ON THE FILE OF THE XLIII-ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-44, BANGALORE, PARTLY DECREEING THE SUIT FOR THE PARTITION AND SEPARATE POSSESSION.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The captioned appeal is filed by defendant No.2 assailing the preliminary decree dated 04.02.2011 drawn in O.S.No.968/2003, wherein plaintiff No.1 is awarded

1/3^rd share in 'A' schedule property by metes and bounds.

2. For the sake of brevity, the parties are referred to as per their rankings before the Trial Court.

3. The genealogical tree of the family reads as under;

K NARASIMHAIAH (DECEASED 27.6.90)

CK AMMAJAMMA (DECEASED 27.11.2002)

K N MANJULA DEVI K N DRUVA KUMAR K N RAMESH (R5 - D1) (R1 - P1) (APPELLANT - D2)

H GAYATHRI (WIFE)

(R2 - P2)

SOBHA D SHIVARAJ (R3 - P3) (R4 - P4)

Respon dents 6 to 13 are tenants

4. Plaintiff No.1, the son of late K. Narasimhaiah and elder brother of defendant No.2, along with his wife and children, instituted the present suit for partition and separate possession. It is his specific case that his father, late K.Narasimhaiah, acquired the suit ‘A’ schedule property in the year 1963. Thereafter, he constructed a residential house consisting of a ground floor in the year

1967 and added a first floor during 1978–1979. It is further pleaded that the father also constructed commercial shops in the very same property and inducted defendant Nos.6 to 10 as tenants therein.

5. The plaintiffs contend that upon the demise of their father, and subsequently their mother in the year 2002, plaintiff No.1 sought division and separate possession of his legitimate share in the suit schedule property. However, despite repeated demands and requests, defendant Nos.1 and 2 allegedly failed to co-operate for an amicable partition, thereby constraining the plaintiffs to institute the present suit.

6. Defendant No.1, the eldest daughter of late K.Narasimhaiah and sister of plaintiff No.1 and defendant No.2, filed her written statement. Defendant No.2, however, filed a separate written st