IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM RFA NO. 9 OF 2012 (PAR)

BETWEEN:

MR. H. NARASIMHA MURTHY SINCE DECEASED BY LRS

1 . SMT. M.P MANJULA W/O H. NARASIMHA MURTHY AGED 59 YEARS

2 . SMT. GEETHA RASHMI H.N D/O H. NARASIMHA MURTHY AGED ABOUT 40 YEARS

3 . MR. SACHIN H.N S/O H. NARASIMHA MURTHY AGED ABOUT 37 YEARS ALL ARE R/AT 943, 42^ND CROSS

3^RD BLOCK, RAJAJINAGAR BANGALORE-560 010.

...APPELLANTS (BY SRI. C.S. PRASANNA KUMAR, ADVOCATE)

AND:

1 . MR. K. LAKSHMINARAYANA S/O H. KADA SETTY SINCE DECEASED BY HIS LRS (A) SMT. SARASWATHI W/O LATE K. LAKSHMINARAYANA AGED ABOUT 58 YEARS R/AT MUDUVAGALAIAH STREET MUDIPETTE CROSS, CHANNAPATNA RAMANAGARA DISTRICT-571501.

(B) MR. L. RAVI S/O LATE LAKSHMINARAYANA MAJOR MUTHKUR VILLAGE, M.N. SANDRA POST HUNUGOHALLI HOBLI HOSKOTE TALUK-562114.

(C) SMT. L. RAJANI D/O LATE K. LAKSHMINARAYANA MAJOR R/AT SHRI SRINIVAS TRADERS MANDIPET, CHANNAPATNA-571 501.

(D) SMT. L. ROOPA D/O LATE LAKSHMINARAYANA MAJOR R/AT NO.3660-C, 4^TH MAIN ROAD B BLOCK, SUBRAMANYANAGAR RAJAJINAGAR II STAGE BANGALORE-560021.

2 . SRI. K.A. KADA SETTY SINCE DECEASED BY HIS LRS (A) SMT. CHANNAMMA @

BHAGYALAKSHMI D/O LATE H. KADA SETTY AGED ABOUT 57 YEARS R/AT NO.534, 10^TH E MAIN ROAD

6^TH BLOCK, RAJAJINAGAR BANGALORE-560010.

(B) SMT. VARALAKSHMI D/O LATE H. KADA SETTY AGED ABOUT 64 YEARS R/AT 175, LIG, B CROSS KABIR MUTT, KENGARI UPPANAGAR BANGALORE-560060 SINCE DECEASED BY HER LRs (B)(I) MR. RAGHU AGED ABOUT 53 YEARS (B)(II) SMT. MEGHANA AGED ABOUT 26 YEARS (B)(III) SMT. SHASHI KANTH AGED ABOUT 47 YEARS (B)(IV) SMT. PADMA W/O NAGENDRA .B.G AGED ABOUT 46 YEARS ALL ARE R/AT NO.562

6^TH MAIN ROAD, 1^ST CROSS K.C.H.S LAYOUT, DODDABASTI MAIN ROAD, BHUVANESHWARI NAGAR, BENGALURU-560 56.

(C) SMT. JAYAMMA D/O LATE H. KADA SETTY SINCE DECEASED BY LRS (C)(I) MR. K. PARTHA MAJOR (C)(II) MR. K. CHANDRA MAJOR BOTH ARE R/AT 175, LIG, B CROSS KABIR MUTT, KENGERI UPPANAGARA BANGALORE-560 060.

SMT. KAMALAMMA W/O LATE H. KADA SETTY SINCE DECEASED BY HER LRS WHO ARE ALREADY PARTIES

3 . MR. H. LAKSHMANA S/O LATE HUTCHE THIMMAIAH MAJOR R/AT NO.619/H, 36^TH CROSS

2^ND BLOCK, RAJAJINAGAR BANGALORE-560010.

4 . MR. G. DAYANAND S/O GIRIYAPPA AGED ABOUT 57 YEARS RESIDING AT NO.42, 16^TH CROSS

8^TH MAIN, MALLESWARAM BANGALORE-560055.

5 . SMT. NINGAMMA W/O BORE GOWDA MAJOR

6 . SRI. H.B. THAMMANNA S/O BORE GOWDA MAJOR

7 . SRI. LAKSHMAMMA W/O VENKATARAMU MAJOR R6 TO R8 ARE RESIDING AT HALLEGERE GRAMA VASARALU HOBLI MANDYA TALUK AND DISTRICT-571 416.

…RESPONDENTS (BY SRI. Y. HARIPRASAD, ADVOCATE FOR R2(A AND B) R2(B)(I-IV)

AND R2(C)(I AND II);

SRI. R. VIDYASAGAR AND SRI. RAGHAVENDRA .K, ADVOCATES FOR R1( A TO D);

SRI. G. SUKUMARAN AND SRI. CHETAN .B, ADVOCATES FOR R4;

SRI. UMESH .C AND SRI. ANANTHAPADMANABHA .G.N, ADVOCATES FOR R6 AND R7;

R3 IS SERVED;

V/O DATED 22.08.2022, APPEAL IS ABATED IN RESPECT OF DECEASED R5)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2010 PASSED IN O.S.2282/1996 ON THE FILE OF THE I-ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS RFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.02.2026, THIS DAY JUDGMENT WAS PRONOUNCED THEREIN, AS UNDER:

CORAM: HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM C.A.V. JUDGMENT The captioned appeal is preferred by the legal heirs of the defendant No.3 calling in question the legality and correctness of the preliminary decree passed in O.S. No.2282/1996, wherein the suit instituted by the original plaintiff for partition and separate possession came to be decreed, granting him 7/24^th share in the suit schedule properties.

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

3. Family tree is as under:

H. KADA SETTY (FIRST DEFENDANT)

KAMALAMMA K.LAKSHMI BHAGYA VARALAXMI JAYAMMA N.NARASIMHA (WIFE) NARAYANA (1ST dtr.) (2nd dtr) (3rd dtr.) MURTHY (Plaintiff) (3rd Defendant)

4. The facts, in brief, leading to the fi