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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF FEBRUARY, 2021

PRESENT

THE HON'BLE MRS. JUSTICE S. SUJATHA

AND

THE HON'BLE MR. JUSTICE M.I.ARUN

RFA NO.685 OF 2012 (DEC)

BETWEEN:

1.

ANANDA

AGED ABOUT 47 YEARS

S/O LATE RAMAPPA

2.

UMESHA

AGED ABOUT 45 YEARS

S/O LATE RAMAPPA

BOTH ARE R/O ARABILICHI

ARABILICHI POST

BHADRAVATHI TALUK

PIN – 577 301

... APPELLANTS

(BY SRI. R. GOPAL, ADV.)

AND:

1.

BASAVARAJAPPA

AGED ABOUT 65 YEARS

S/O BASAPPA

2.

PARAMESWARAPPA

AGED ABOUT 55 YEARS

S/O LATE BASAPPA

3.

THIRTHAPPA

AGED ABOUT 50 YEARS

S/O ESWARAPPA

2

4.

GANGADHARAPPA @

GANGAPPA, AGED ABOUT

47 YEARS, S/O LATE

ESWARAPPA

ALL ARE RESIDENTS OF

ARABILICHI VILLAGE

ARABILICHI POST

BHADRAVATHI TALUK – 577 301

... RESPONDENTS

(BY SRI M.R.HIREMATHAD AND

SRI RAMAKRISHNA N., ADVS. FOR R1;

R2 AND R3 SERVED;

SRI K.CHANDRASHEKAR, ADV. FOR R4)

THIS RFA IS FILED UNDER SECTION 96 OF CPC,

AGAINST THE JUDGMENT AND DECREE DATED 29.02.2012

PASSED IN O.S.NO.190/2007 ON THE FILE OF THE SENIOR

CIVIL JUDGE AND JMFC., BHADRAVATHI, DISMISSING THE

SUIT FOR DECLARATION AND DIRECTION AND DISMISSING

THE COUNTER CLAIM OF DEFENDANT NOS.3 AND 4 THEREIN.

THIS RFA HAVING BEEN HEARD AND RESERVED ON

27.01.2021

FOR

JUDGMENT

AND

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT, THIS DAY, M.I.ARUN J.

DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the judgment and decree dated

29.02.2012 in O.S.No.190/2007 passed by the Senior

Civil Judge and JMFC at Bhadravathi, the plaintiffs

therein have preferred this appeal.

2.

For the sake of convenience, the parties are

referred to as per their ranking before the Tribunal.

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3.

The case of the plaintiffs is that one late

Bharmappa is the common ancestor of plaintiffs and

defendants who died long back in an undivided hindu

family, leaving behind three sons namely, Eswarappa,

Ramappa and Basappa. All the said sons of late

Bharmappa died leaving behind their descendants as

heirs and successors. Plaintiffs are the legal heirs of

Ramappa. Defendant Nos.1 and 2 are the legal heirs of

Basappa and defendant Nos.3 and 4 are the legal heirs of

Eswarappa.

4. The three sons of late Bharamappa during their life

time got divided family properties under a registered

partition deed on 20.10.1966. Since then they are

residing separately as divided branches with their family

members. Plaintiffs are holding and enjoying the

properties fallen to the share of their father Ramappa

representing that branch. Defendant Nos.1 and 2 are

enjoying the properties fallen to the share of their father

Basappa representing that branch and defendant Nos.3

4

and 4 are enjoying the properties fallen to the share of

their father Eswarappa representing that branch.

5.

The present suit pertains to the properties situated

at Survey No.109 of Arabilichi village. It is stated that

the total extent of Survey No.109 is 11 acres 27 guntas

which includes 14 guntas of kharab land and is the

ancestral properties of the plaintiffs and the defendants.

It is contended by the plaintiffs that three brothers

Ramappa, Basappa and Eswarappa first got divided orally

and then got the registered partition deed on 20.10.1966

and took possession of their shares without getting

actual measurements for division or demarcation, but,

only on estimate basis.

6.

The land allotted to Ramappa (plaintiffs’ father) is

more fully described in Schedule A to the plaint, which is

as follows:

SCHEDULE ‘A’

(As per partition deed)

An extent of 4 acres 26 guntas out of agricultural wet land in

Sy.No.109 of Arabilichi, Bhadravathi Taluk, assessed Rs.51/- bounded by

East: Eswarappa’s Hissa land (now defendants 3 & 4)

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West: Chandrappa and Rajanna’s land

North: Passage cum Road

South: Basavarajappa’s land

The land allotted to Basappa (father of defendant

nos.1 and 2) is described in Schedule B to the plaint,

which is as follow