IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE E.S. INDIRESH

REGULAR SECOND APPEAL NO.658 OF 2018

Between:

Sri Ramesh

S/o M Narayanagowda

Aged about 55 years

Rep. by his Guardian and

Manager

Smt. Varalakshmi

W/o Ramesh

Aged about 44 years

Both are R/at Tyagaraja Mohalla

Bannur Town, Bannur Hobli

T Narasipura Taluk

Mysuru District-571 101.

…Appellant

(by Shri M Shivaprakash, Advoate)

And:

1. Smt. Shantha

W/o Jayaram

Aged about 57 years

R/at D.No.1927

2^nd Cross, Hebbal I Stage

Mysuru-570 001.

2. Smt. Vanajakshi

W/o Suresh

Aged about 53 years

2

R/at No.756

Karmatageri

Eshwara Temple Road

Mandi Mohalla

Mysuru-570 001.

Smt. Latha

Since dead by LRs.

3. Sri Pradeep

S/o N R Mohan

Aged about 35 years

4. Sri Madan

S/o N R Mohan

Aged about 32 years

Respondent Nos. 3 and 4

Are R/at Naguvinahalli Village

Srirangapatna Taluk

Mandya District-571 438.

5. Smt. Dakshyani

W/o Srikanta

Aged about 49 years

R/at No.159

Basaveshwara Layout

BEML 3^rd Stage

Rajarajeshwari Layout

Bengaluru-560 098.

6. Smt.Lingama

W/o M Narayana Gowda

Aged about 80 years

R/at Thyagarajamohalla

Beh. Govt. Hospital

Bannur Town, Bannur Hobli

T Narasipura Taluk

Mysuru District-571 101.

3

…Respondents

(by Shri R S Ravi, Advocate)

This Regular Second Appeal is filed under Section 100 of

the Code of Civil Procedure against the judgment and decree

dated 16.12.2017 passed in RA.No.16 of 2017 on the file of the

II Additional District Judge, Mysuru, dismissing the appeal and

confirming the judgment and decree dated 14.09.2016 passed in

OS.No.17 of 2010 on the file of the Senior Civil Judge and JMFC,

T Narasipura.

This Appeal coming on for admission, this day, the court

delivered the following:

J U D G M E N T

This appeal is preferred by defendant No.1 against the

Judgment and Decree dated 16^th December, 2017 passed in

Regular Appeal No.16 of 2017 by II Additional District Judge,

Mysuru

whereby

the

judgment

and

decree

dated

14^th

September, 2016 passed by the trial court in Original Suit No.17

of 2010 came to be confirmed

Facts of the case

The plaint averments, for the purpose of adjudication of

this appeal are that, the plaintiffs are the daughters and

defendant No.1 is the son of M. Narayana Gowda and Lingamma

4

(defendant No.2). It is the case of the plaintiffs that, the father

of the plaintiffs became owner in possession of the suit schedule

property as per the partition deed dated 18^th September, 1960,

which had been taken place between the father of the plaintiffs

and his brothers. It is also the case of plaintiffs that their father

M. Narayana Gowda purchased suit item No.5 under the

registered sale deed dated 09^th June, 1978 and suit item No.6

under Registered Sale deed dated 25^th April, 1979 out of the

earnings of nucleus of joint family property and thereby the suit

schedule property are the ancestral property of the plaintiffs and

defendants. It is further stated in the plaint that Narayana

Gowda, father of the plaintiff, died on 26^th February, 2010 and

pursuant to the same, plaintiffs have made a claim for partition

in the suit schedule property, which came to be refused by

defendant No.1 and thereby, the plaintiffs have filed original suit

No.17 of 2010 on the file of the Senior Civil Judge and JMFC at

Tirumakoodalu Narasipura. The said suit was resisted by the

defendant No.1 by filing written statement contending that the

suit schedule property was in joint possession and enjoyment

and in cultivation of defendant No.1, however, the defendant

5

No.1 has not disputed with regard to the relationship with the

plaintiffs. He further contended that his father late Narayana

Gowda, during his lifetime, has allotted two items of properties

as per the partition in the joint family and thereby, some of the

items in the suit schedul