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ITEM NO.24 COURT NO.5 SECTION IV-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 25659/2022

(Arising out of impugned final judgment and order dated 06-01-2020

in RFA No. 100015/2015 24-09-2021 in RP No. 100041/2020 passed by

the High Court Of Karnataka Circuit Bench At Dharwad)

RAMESHGOUDA C. PATIL Petitioner(s)

VERSUS

KUMAR CHANNABASANAGOUDA & ORS. Respondent(s)

(FOR ADMISSION and I.R.

IA No. 136819/2022 - CONDONATION OF DELAY IN FILING

IA No. 143225/2022 - EXEMPTION FROM FILING O.T.

IA No. 136821/2022 - EXEMPTION FROM FILING O.T.

IA No. 143224/2022 - PERMISSION TO FILE ADDITIONAL

DOCUMENTS/FACTS/ANNEXURES)

Date : 14-10-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE K.M. JOSEPH

HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s)

Mr. S. N. Bhat, Sr. Adv.

Mr. Balaji Srinivasan, AOR

Ms. Aakriti Priya, Adv.

Mr. Shiva Krishnamurti, Adv.

Ms. Gauri Pasricha, Adv.

Mr. Dwanshu Behl, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Issue notice on the application for condonation of delay as

well as on the prayer for interim relief.

Mr. S. N. Bhat, learned senior counsel appearing on behalf of

the petitioner would inter alia submit that the High Court has

erred as it has not taken into consideration the effect of Section

Digitally signed by

DEEPAK SINGH

Date: 2022.10.15

13:44:32 IST

Reason:

Signature Not Verified

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6 of the Hindu Succession Act, 1956 insofar as thereunder a

notional partition upon the death of the father of the petitioner

though on 22.08.2006 would have resulted in partition as between

his father and him giving a share to the petitioner and therefore,

proceeding on the basis that his daughters (plaintiff Nos. 2 and 3)

would be entitled to share as coparceners the share which is

available to the petitioner as per the notional partition would

have to be properly considered. Though the petitioner has also

raised contention about the genuineness of the Will, we are not

inclined to reopen the said finding of the Courts that the Will

cannot be relied upon.

However, we issue notice limited only to issue relating to

the impact of the notional partition as contemplated under Section

6 of the Hindu Succession Act, 1956.

(JAGDISH KUMAR) (RENU KAPOOR)

COURT MASTER (SH) ASSISTANT REGISTRAR