[Cites 6, Cited by 0]

Karnataka High Court

Smt Rathnamma vs Smt Mallamma on 24 March, 2026

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                                                 NC: 2026:KHC:16585-DB
                                                  RFA No. 295 of 2018


             HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 24TH DAY OF MARCH, 2026

                                     PRESENT
                        THE HON'BLE MR. JUSTICE D K SINGH
                                        AND
                        THE HON'BLE MR. JUSTICE T.M.NADAF
                  REGULAR FIRST APPEAL NO. 295 OF 2018 (PAR/DEC)
             BETWEEN:

             1.    SMT RATHNAMMA
                   D/O LATE NARAYANAPPA
                   W/O B.M. MUNIYAPPA
                   3RD CROS, NEAR BUS STOP,
                   VARTHUR POST,
                   BANGALORE 560 087.
                                                          ...APPELLANT
             (BY SRI. KIRAN GOWDA.M, ADVOCATE FOR
                 SRI. R S PRASANNA KUMAR., ADVOCATE)

             AND:

Digitally    1.      SMT MALLAMMA
signed by
VASANTHA             W/O LATE NARAYANAPPA
KUMARY B K           AGED ABOUT 86 YEARS,
Location:
HIGH                 R/AT KOTURU VILLAGE
COURT OF             ANUGONDANAHALLI HOBI,
KARNATAKA
                     HOSAKOTE TALUK,
                     BANGALORE RURAL DISTRICT.
                     KARNATAKA-560067

             2.      SRI. MUNIRAJU
                     S/O LATE NARAYANAPPA
                     AGED ABOUT 59 YEARS,
                     R/AT KOTURU VILLAGE
                     ANUGONDANAHALLI HOBI,
                     HOSAKOTE TALUK,
                     BANGALORE RURAL DISTRICT.
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     KARNATAKA-560067

3.   SMT. GOWRAMMA
     D/O LATE NARAYANAPPA
     3RD CROSS, NEAR BUS STOP,
     VARTHUR POST, BANGALORE 560 087.

4.   SRI. VENKATESH
     S/O LATE NARAYANAPPA
     AGED ABOUT 59 YEARS,
     R/AT KOTURU VILLAGE
     ANUGONDANAHALLI HOBI,
     HOSAKOTE TALUK,
     BANGALORE RURAL DISTRICT.
     KARNATAKA-560067

5.   SRI. ANIL KUMAR
     S/O GOVINDARAJU AND LATE BHAGYAMMA
     R/AT BILAKERI VILLAGE
     ANGONDANAHALLI HOBLI,
     HOSKOTE TALUK,
     BANGALORE RURAL DISTRICT.
     SINCE DEAD BY LR.,

5(a) GOVINDRAJU,
     S/O LATE B.S.RAMAIAH,
     AGED ABOUT 55 YEARS,
     R/AT BELAKERI VILLAGE,
     ANGONDANAHALLI HOBLI,
     HOSAKOTE TALUK,
     BANGALORE RURAL DISTRICT-560067.

6.   SMT MEGHANA
     D/O GOVINDARAJU AND LATE BHAGYAMMA
     AGED ABOUT 21 YEARS,
     R/AT BILAKERI VILLAGE,
     ANUGONDANAHALLI HOBI,
     HOSAKOTE TALUK,
     BANGALORE RURAL DISTRICT.
     KARNATAKA-560067
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7.    SRI. SANJEEV PATAK
      S/O RAJESHWAR PATAK
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT.
      KARNATAKA-560067

8.    SRI. RAJU PATAK
      S/O RAJESHWAR PATAK
      AGED ABOUT 48 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

9.    SRI. K. SUDHEER
      S/O RAMACHANDAN PRASAD
      AGED ABOUT 42 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

10.   SMT SUBHALA SRIVATSAV
      W/O A.K. SRIVATSAV
      AGED ABOUT 47 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

11.   SMT BABY SRIVATSAV
      W/O ANIL KUMAR SRIVATSAV
      AGED ABOUT 57 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
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      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

12.   SMT. SUGUNA
      W/O ANAND REDDY
      AGED ABOUT 51 YEARS
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

13.   SRI. B.N. SRIVATSAV
      S/O BADARINARAYAN PRASAD
      AGED ABOUT 52 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

14.   SRI. ALOK KUMAR KAPUR
      S/O VIJAY KUMAR KAPUR
      AGED ABOUT 36 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

15.   SRI RAJIW BABU @ RAJIW LOCHAN TIWARI
      S/O LATE SHYAMMANANDTIWARI
      AGED ABOUT 60 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

16.   SRI. ARUN KUMAR
      S/O LATE DURGA PRASAD
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      AGED ABOUT 48 YEARS,
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

17.   SRI. VEJANIT DEVI
      W/O MANOJ KUMAR CHAUDHARY@ MANJUNATH
      AGED ABOUT 41 YEARS
      R/AT KOTURU VILLAGE
      ANUGONDANAHALLI HOBI,
      HOSAKOTE TALUK,
      BANGALORE RURAL DISTRICT
      KARNATAKA-560067

18.   SRI. SRINIVAS K
      S/O KODANDARAMAIAH
      RESIDING NEAR YELLAMMA TEMPLE
      NALLURUHALLI VILLAGE
      WHITEFIELD,
      BANGALORE EAST TALUK,
      BANGALORE 560 066.

19.   SRI. OM PRAKASHTAKUR @ PRAKASH
      S/O RAMADHARITAKUR
      AGED ABOUT 40 YEARS
      R A/T NO.161,
      NEAR ANNAMA TEMPLE
      KOTOORUVILALGE
      MUTASANDRA POST
      ANAGONDANAAHLLI HOBLI,
      HOSKOTE TALUK,
      BANGALORE RURAL DISTRICT.

20.   SRI. RAJKISHOR SHARMA
      S/O JAGADISHSHARMA @ JAGADISH
      R/AT NO.161, NEAR ANNAMA TEMPLE
      KOTOORU VILLAGE,
      MUTASANDRA POST
      ANAGONDANAHALLIHOBLI,
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      HOSKOTE TALUK,
      BANGALORE RURAL DISTRICT.

21.   SRI.K.GOPALA REDDY,
      S/O LATE RAMAIAH REDDY,
      AGED ABOUT 63 YEARS,


22.   SRI. G.RAGHU RAMA REDDY,
      S/O K GOPAL REDDY,
      AGED ABOUT 33 YEARS,

      BOTH R/AT RAGHURAM WOOD WORKS,
      NEAR RAMA WOOD WORKS,
      NEAR K.K.SCHOOL,
      VARTHUR MAIN ROAD,
      VARTHU HOBLI,
      VARTHUR, BENGALURU-560087
                                         ...RESPONDENTS
(BY SRI. RISHYAK.R.BHANAVARA., ADVOCATE FOR R21 AND
    R22;
    R5(a) ARE SERVED AND UNREPRESENTED;
    VIDE ORDER DATED 09.02.2023, SERVICE OF NOTICE TO
    R2, R3, R5-R20 IS DISPENSED WITH)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE ORDER DATED 25.10.2017 PASSED IN OS NO.949/2017
ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE,
BANGALORE RURAL DISTRICT, BANGALORE, REJECTING THE
PLAINT.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH
       and
       HON'BLE MR. JUSTICE T.M.NADAF
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                                            RFA No. 295 of 2018


HC-KAR




                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present regular first appeal has been filed under

Section 96 r/w Order 41 Rule 1 of the Code of Civil

Procedure (for short 'the CPC'), impugning the order

dated 25.10.2017 passed by the trial Court in

O.S.No.949/2017.

2. The appellant was the plaintiff in Original Suit No.

949/2017. The defendants were the mother and brothers

of the plaintiff, as well as the purchasers of the property in

question, left behind by their father Narayanappa. The

said Narayanappa died intestate on 07.05.2006 leaving

behind his wife Smt. Mallamma-defendant No.1, his two

sons Muniraju and Venkatesh, defendant Nos.2 and 4, and

three daughters viz., Smt.Rathamma-the plaintiff,

Smt.Gowramma-defendant No.3 and Smt.Bhagyamma.

Smt.Bhagyamma died prior to filing of the suit and her two

children are arrayed as defendant Nos.5 and 6 in the

original suit. Late Narayanappa, the father of the plaintiff

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and the defendant Nos.1 to 6 had acquired the suit

schedule properties in land bearing Survey Nos.82/1 82/2

and 82/3, totally measuring 3 acres 3 guntas situated at

Koturu Village of Hosakote Taluk, by way of succession

from his father late Poojappa. The case of the plaintiff

was that plaintiff and defendant Nos.1 to 6 were having

undivided interest in the suit schedule properties. The

defendant No.4 got executed a gift deed on 12.03.2004

with respect to the suit schedule properties from

Narayanappa. It was further said that neither the gift

deed nor the sale effected in respect of the suit schedule

properties in favour of the defendants were binding on her

and she was entitled for 1/4th share in the suit schedule

properties.

3. During the pendency of the suit, the Court suo motu

raised objection regarding the maintainability of the suit,

as the Court was of the opinion that the suit was barred by

the Proviso to Section 6(1) of the Hindu Succession

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Amendment Act, 2005, and the following two points were

framed for consideration by the trial Court:-

"a. Whether the suit is maintainable, in view of the provisions of Hindu Succession Act, 1956 ?

b. What Order ?"

4. The trial Court, considering the provisions of Section

8 of the Hindu Succession Act, 1956 was of the opinion

that after the death of Narayanappa's father, Narayanappa

became the absolute owner of the suit schedule properties

by virtue of provisions of Section 8 of the Hindu

Succession Act, as the suit schedule properties were his

self-acquired properties by way of succession and held

that his sons and daughters would not have claim to

partition of the said properties. Further during the lifetime

of Narayanappa he had executed a gift deed dated

12.03.2004 in respect of the suit schedule properties in

favour of one Son Venkatesh/the defendant No.4 and

subsequently defendant No.4 had alienated different

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portion of the suit schedule properties in favour of

defendant Nos.7 to 19 under different sale deeds and

thereafter, the defendant Nos.7 and 8 i.e., the purchasers

of a portion of the suit properties have alienated the

different portions of the suit schedule properties in favour

of defendant No.20.

5. Considering the fact that Narayanappa had executed

the gift deed prior to the coming into force amendment to

Section 6(1) of the Hindu Succession Act and he had died

on 07.05.2006, the trial Court has held that suit was not

maintainable as the plaintiff would not have any right, title

and interest that exist in respect of the suit schedule

properties, and thus invoking the provisions of Order VII

Rule 11(a) and (d) of the CPC, the trial Court rejected the

plaint.

6. We have considered the submission of learned

counsel for the parties.

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7. We do not find that the trial Court has committed

any error in rejecting the plaint inasmuch as the plaintiff

does not have cause of action with respect to the suit

schedule properties to seek partition.

8. In view thereof, we do not find that there is any

ground to admit this regular first appeal. Therefore, we

dismiss the appeal at the stage of admission itself.