Karnataka High Court
Smt R P Umadevi vs Sri R P Shivashankar on 15 October, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:40992
RSA No. 1446 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1446 OF 2022(PA/DE/IN)
BETWEEN:
1. SMT. R.P. UMADEVI
W/O SURENDRA KUMAR
D/O LATE R.B. PUTTABASAPPA
AGED ABOUT 47 YEARS
R/AT CHOLUR ROAD
CHINTAMANI TOWN
CHIKKBALLAPURA DISTRICT
PIN CODE -563 123.
...APPELLANT
(BY SRI. SUBRAMANYA H V.,ADVOCATE)
AND:
1. SRI. R.P. SHIVASHANKAR
Digitally signed S/O LATE R.B. PUTTABASAPPA
by DEVIKA M AGED ABOUT 56 YEARS
Location: HIGH
COURT OF 2. SRI. R.P. MANJUNATH
KARNATAKA
S/O LATE R.B. PUTTABASAPPA
AGED ABOUT 52 YEARS
BOTH ARE RESIDING AT
RAJANAKUNTE VILLAGE
HESARAGHATTA ROAD
BENGALURU NORTH TALUK
PIN CODE -560 088.
3. M/S. PRESTIGE CONSTRUCTIONS
EARLIER HAVING ITS OFFICE
AT NO.303, 3RD FLOOR
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NC: 2025:KHC:40992
RSA No. 1446 of 2022
HC-KAR
COPER ARCH INFANTRY ROAD
BENGALURU -560 001.
NOW CALLED AS
PRESTIGE ESTATE PROJECTS LIMITED
FALCON HOUSE, NO.1
MAIN GUARD CROSS ROAD
BENGALURU -560 001
REPRESENTED BY ITS
MANAGING PARTNER
SRI. REZWAN RAZACK.
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 29.08.2022
PASSED IN R.A.NO.163/2018 ON THE FILE OF THE IX
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 02.04.2016
PASSED IN O.S.NO.1646/2004 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:40992
RSA No. 1446 of 2022
HC-KAR
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
This matter is listed for admission and I have heard learned counsel for the appellant.
2. This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.
3. The suit is filed against the brothers seeking the relief of partition, declaration and permanent injunction contending that suit schedule properties are the joint family properties of the plaintiff and defendants and sale deed dated 15.12.1993 executed by the father and brothers in favour of defendant No.3 is not binding on her share.
4. The defendant No.3 appeared and contested the matter by filing written statement. The Trial Court having considered the evidence of P.W.1, answered all the issues -4- NC: 2025:KHC:40992 RSA No. 1446 of 2022 HC-KAR as 'negative' and dismissed the suit. The Trial Court also taken note of the fact that property was sold in the year 1993 itself and the marriage of plaintiff was solemnized in the year 1994 and the same is also even prior to Karnataka Amendment and subsequent Central Amendment is made in the year 2004. The Trial Court also taken note of the fact that though property was sold in 1993, suit was filed in the year 2004 and at the time of selling the property, she had attained majority and not filed the suit within 3 years from the date of sale of the property.
5. Being aggrieved by the order passed by the Trial Court, an appeal is filed before the First Appellate Court in R.A.No.163/2018. The First Appellate Court, considering the grounds urged in the appeal memo, framed the point for consideration whether the Trial Court is justified in holding that sale deed dated 15.12.1993 executed by defendant No.3 is binding on the plaintiff and whether it requires interference of this Court. -5-
NC: 2025:KHC:40992 RSA No. 1446 of 2022 HC-KAR
6. The First Appellate Court also having reassessed both oral and documentary evidence placed on record, particularly taken note of Ex.P1-the marriage invitation card which discloses that her marriage was performed on 21.06.1994 and also taken note of Exs.P3 and P4 i.e., the RTC Extracts relating to suit item Nos.1 and 2 properties which disclose that name of Puttabasappa is shown as owner/occupier of these properties for the year 1993-1994. In the subsequent entries in these RTC Extract discloses that suit item Nos.1 and 2 properties have been converted into non-agricultural purpose. The Trial Court so also taken note of the fact that, if the father of the plaintiff has sold the ancestral joint family properties against the interest of the plaintiff, then she has to challenge the said sale deed within 3 years as per Article 59 of the Limitation Act. The plaintiff has filed this suit in the year 2004 by showing her age as 29 years which discloses that she was born in the year 1975 itself. Thereby, it is clear that she has attained the age of -6- NC: 2025:KHC:40992 RSA No. 1446 of 2022 HC-KAR majority in the year 1993 during which her father has sold the properties to defendant No.3. If she has not attained the age of majority on the date of sale transaction, then she ought to have challenged the alienation made through Exs.P8 to P16 documents within 3 years from the date of attaining majority as per Article 60 (a) of the Limitation Act.
7. The plaintiff has instituted the suit in the year 2004 showing her age as 29 years after lapse of 11 years from the date of sale transaction. Exs.D11 to D13 are the sale deeds executed by defendant No.3 in favour of subsequent purchasers effected in the year 2001 and 2003 and taken note of the fact that even subsequent to the sale made in favour of defendant No.3, the defendant No.3 in turn sold the property prior to filing of the suit and properties were also exchanged between different persons and the same also not remained as an agricultural land and converted the land for non-agricultural purpose. These are the aspects which are also taken note of and both the -7- NC: 2025:KHC:40992 RSA No. 1446 of 2022 HC-KAR Courts also taken note of the fact that sale was made in the year 1993.
8. The learned counsel appearing for the appellant would contend that amendment was brought in the year 1994 and in respect of an unmarried daughter is concerned, they would get the right. But, in the case on hand, she had married prior to the said amendment. When such being the case, both the Trial Court as well as the First Appellate Court taken note of the material available on record and both the Courts have assigned reasons. Hence, the very contention of the learned counsel appearing for the appellant that both the Courts have committed an error in not considering the material available on record and not justified in holding that appellant is not entitled for share and the contention that living daughter is entitled for a share in the suit schedule property cannot be accepted and when the transaction has taken place in the year 1993 itself and the question of daughter is also a co-parcener does not arise. Hence, I do -8- NC: 2025:KHC:40992 RSA No. 1446 of 2022 HC-KAR not find any ground to admit the appeal and frame any substantial question of law considering the factual aspects of the case and there is no merit in the appeal.
9. In view of the discussion made above. I pass the following:
ORDER The regular second appeal is dismissed.
Sd/-
(H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 29