IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 83 OF 2023 (PAR)

BETWEEN:

R. JAYARAMAIAH, S/O L RANGAIAH, AGED ABOUT 73 YEARS, R/A NO.79, RUDRESHWARA NILAYA, 2^ND MAIN ROAD, 2^ND PHASE, MANJUNATHA NAGAR, RAJAJI NAGAR, BENGALURU - 560 060.

…APPELLANT [BY SRI C R SUBRAMANYA, ADVOCATE (PH)]

AND:

1. HANUMANTHAIAH R., S/O L RANGAIAH, AGED ABOUT 75 YEARS, R/A RAMOHALLI, KENGERI HOBLI, BENGALURU SOUTH TALUK, Digitally signed BANGALORE - 560 060.

by ANUSHA V Location : High

2. SIDDAGANGAPPA R., Court of Karnataka S/O LATE L RANGAIAH, AGED ABOUT 66 YEARS, R/A RAMOHALLI, KENGERI HOBLI, BENGALURU SOUTH TALUK, BANGALORE - 560 060.

3. LALITHAMMA, W/O HANUMANTHAIAH, D/O LATE LAKKAHANUMAKKA, AGED ABOUT 61 YEARS, R/A ADEPET, TYAMAGONDLU, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.

4. JAYALAKSHMAMMA, W/O LATE KIDALAPPA, D/O LATE LAKKAHANUMAKKA, AGED ABOUT 58 YEARS, R/A KOTE BEEDHI, TYAMAGONDLU, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.

5. BHAGYAMMA, W/O CHANDRAPPA, D/O LATE LAKKAHANUMAKKA, AGED ABOUT 56 YEARS, R/A BASAVANAGUDI TEMPLE ROAD, GULUR, GULUR HOBLI, TUMKUR DISTRICT.

6. SMT. MAHADEVAMMA, W/O LATE HANUMANTHAIAH @ RAJANNA, R/A BASAVANNA TEMPLE GULUR, TUMKUR TALUK, TUMKURU DISTRICT - 572 118.

7. SMT. LAKSHMI R., W/O T.K. RAVIKUMAR, D/O LATE HANUMANTHAIAH @ RAJANNA, AGED ABOUT 37 YEARS, R/A TYAMAGONDALU, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 132.

8. SMT. LAVANYA, W/O RAMESH J., D/O LATE HANUMANTHAIAH @ RAJANNA, AGED ABOUT 34 YEARS, R/A GUNI AGRAHARA, LAKSHMIPURA CROSS, M.S. PALYA, BENGALURU - 560 097.

9. SMT. YASHODA R., W/O NARASIMHAMURTHY D., D/O HANUMANTHAIAH @ RAJANNA, R/A NO.15, DAYANANDA NAGAR, JAYANAGARA 1^ST BLOCK, BENGALURU - 560 011.

…RESPONDENTS [BY SRI NARASIMHARAJU, ADVOCATE FOR R1 (PH);

SRI MAHESH KIRAN SHETTY, ADVOCATE FOR R2 (PH);

SRI VINAY S.N., ADVOCATE FOR R3 TO R9 (PH)]

THIS RSA FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.09.2022 PASSED IN RA No.330/2012 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.10.2009 PASSED IN OS No.440/2002 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), BANGALORE RURAL DISTRICT, BANGALORE.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL JUDGMENT

Challenging judgment and decree dated 23.09.2022 passed by IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in R.A.no.330/2012 and judgment and decree dated 06.10.2009 passed by II Additional Civil Judge (Sr.Dn.), Bangalore Rural District, Bangalore, in O.S.no.440/2002, this second appeal is filed.

2. Sri C.R. Subramanya, learned counsel for appellant submitted that appeal was by plaintiff in O.S.no.440/2002 filed for partition and separate possession of schedule 'A' and 'B' properties. In plaint, it was stated that plaintiff and defendants were descendants of one Lakkappa, who had two sons, namely L. Rangaiah and L. Channarayappa. After death of Lakkappa, Rangaiah and Channarayappa partitioned properties by metes and bounds. It was stated, plaintiff was second son, defendant no.1 was eldest son and defendant no.2 was third son of late Rangaiah, who died on 28.08.2001. It was stated that Rangaiah also had two daughters namely Smt.Lakkahanumakka and Smt.Venkatamma, who were married prior to Karnataka Amendment to Section 6 of Hindu Succession Act, and hence they were not made parties to suit.

3. It was stated, 'A' schedule properties had fallen to share of Rangaiah in partition and by joint efforts of plaintiff, defendants and their father Rangaiah with income derived from 'A' schedule properties and sale of land bearing Sy.nos.57/3 and 57/2 measuring 2 Acres 3 guntas and 2 Acres 2 guntas respectively at Ramohalli, 'B' schedule properties i.e., wet lands bearing Sy.no.111/3,