Karnataka High Court
Kum Neelavathi B vs G Dhanalakshmi on 25 July, 2023
Bench: Anant Ramanath Hegde
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NC: 2023:KHC:25710
RFA No. 148 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO.148 OF 2017
BETWEEN:
1. KUM. NEELAVATHI B
AGED ABOUT 21 YEARS
D/O T. BALARAM
RESIDING AT # 1784
GIRIBOVIPALYA, NAZARBAD MOHALLA
SIDDARTHA LAYOUT, MYSORE - 570001.
2. B. KUMARI
W/O ANAND D/O T. BALARAM
AGED ABOTU 24 YEARS
RESIDING AT K. B. PALYA
BAGIVALA POST
HOLENARASIPURA TALUK
HASSAN DISTRICT - 573201
...APPELLANTS
Digitally (BY SRI. P S MALIPATIL, ADVOCATE)
signed by
PRAMILA G V AND:
Location:
HIGH COURT 1. G DHANALAKSHMI
OF W/O T. GOPAL
KARNATAKA
AGED ABOTU 48 YEARS
R/O NO.726/H, 14TH CROSS
ANIKETHANA ROAD
KUVEMPUNAGAR ROAD,
MYSORE - 573201
2. T. BALARAM
S/O LATE H THIMMAIAH ,
AGED ABOUT 50 YEARS
RESIDING AT # 1784,
GIRIYABOVIPALYA
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RFA No. 148 of 2017
NAZARBAD
MYSORE - 573201.
3. C. A. SRIDHAR RAJ URS
S/O ANAND RAJ URS
AGED ABOUT 41 YEARS
RESIDING AT # 16,
LIME LIGHT HOUSE,
5TH MAIN, OBALAPPA GARDEN
K R ROAD, BENGALURU.
4. T.GOPAL
S/O LATE THIMMANARASIMAIAH
AGED ABOUT 69 YEARS
R/AT.726/H, 14TH CROSS,
ANIKATHANA ROAD,
KUVEMPUNAGAR, MYSORE.
5. G.MAHENDRA
S/O LATE GOPAL
AGED ABOUT 37 YEARS
R/AT.726/H, 14TH CROSS,
ANIKATHANA ROAD,
KUVEMPUNAGAR, MYSORE.
6. M/S. SRIHARI DEVELOPERS
SITUATED AT DOOR NO.36
GROUP-2, MIG 2,
KHB COLONY, HOOTAGALLY VILLAGE,
MYSORE,
REP. BY ITS PARTNER,
SRI KALJU
S/O LATE KALAIAH.
...RESPONDENTS
(BY SRI. MANU B. P., ADV. FOR R1.;
V/O DTD:15.02.2023, APPEAL AGAINST R2
STANDS ABATED;
R3 TO R6 ARE SERVED AND UNREPRESENTED)
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NC: 2023:KHC:25710
RFA No. 148 of 2017
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 26.08.2016 PASSED IN O.S.NO.783/2010 ON THE FILE
OF THE 1st ADDL. CIVIL JUDGE (SR.DN) AND CJM MYSORE,
PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri Malipatil, learned Advocate appearing for the
appellants.
2. In this appeal the plaintiffs are questioning the
correctness of the judgment and decree dated 26.08.2016
passed in O.S.No.783/2010 on the file of I Additional Civil
Judge (Senior Division), Mysore. In terms of the
aforementioned judgment and decree, the suit of the plaintiffs
is decreed in part, wherein each of the plaintiffs is held entitled
to 1/3rd share in Item No.2 of the suit schedule property and
so also the defendant No.2 is held entitled to 1/3rd share in
Item No.2 of the suit schedule property.
3. The claim is rejected in respect of Item No.1
property. The Trial Court has given a finding that the suit in
respect of Item No.1 property is not maintainable as Item No.1
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RFA No. 148 of 2017
property is alienated under registered sale deed dated
19.08.1995.
4. The suit is filed by the daughters of Sri T. Balaram.
The said T. Balaram has sold the property on 19.08.1985,
which is an admitted fact borne out by the records. This being
the position, the claim of the plaintiffs for equal share in the
aforementioned properties is not tenable, in view of the proviso
to Section 6(1) of the Hindu Succession Act. The Trial Court has
rightly dismissed the suit in respect of Item No.1 property.
This Court does not find any illegality in the said order.
5. Hence the following:
ORDER
The appeal is dismissed confirming the
impugned judgment and decree dated 26.08.2016 in
O.S.No.783/2010 on the file of the I Additional Civil
Judge (Senior Division) and CJM, Mysore.
Sd/-
JUDGE
NG
