- 1 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1325 OF 2023 (PAR) C/W REGULAR SECOND APPEAL NO. 1327 OF 2023 IN RSA No. 1325/2023 BETWEEN: 1. KARIYAIAH S/O JAVARAIAH AGED ABOUT 77 YEARS R/AT NO.170/2, 8TH CROSS, MARATHAHALLI, BENGALURU 2. VEERAJI W/O KARIYAIAH AGED ABOUT 61 YEARS R/AT NO.170/2, 8TH CROSS, MARATHAHALLI, BENGALURU 3. K T SHIVARAJU S/O KARIYAIAH AGED ABOUT 49 YEARS R/AT NO.170/2, 8TH CROSS, MARATHAHALLI, BENGALURU Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 4. DEVARAJU S/O KARIYAIAH AGED ABOUT 44 YEARS R/AT NO.170/2, 8TH CROSS, MARATHAHALLI, BENGALURU 5. GANESHA S/O KARIYAIAH AGED ABOUT 35 YEARS R/AT NO.170/2, 8TH CROSS, MARATHAHALLI, BENGALURU …APPELLANTS (BY SRI.SURESH.M.LOKRE SENIOR COUNSEL FOR SRI.SHRAVAN.S.LOKRE.,ADVOCATE) AND: 1. PUSHPALATHA W/O K T KRISHNA AGED ABOUT 34 YEARS, RESIDING AT, C/O. KEMPASIDDAIAH INDIAN OVERSEAS BANK, ASHOKA EXTENSION, ADUVALLI, B M ROAD, HASSAN 2. SHALINI D/O K T KRISHNA AGED ABOUT 14 YEARS, SINCE MINOR REPRESENTED BY HER MOTHER, PUSHPALATHA RESIDING AT, - 3 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 C/O. KEMPASIDDAIAH INDIAN OVERSEAS BANK, ASHOKA EXTENSION, ADUVALLIM B M ROAD, HASSAN …RESPONDENTS (BY SRI. VASANTH MADHAVA S.,ADVOCATE FOR R1 AND R2) (R2 IS MINOR REP BY R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2022 PASSED IN RA.NO. 21/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA PARTLY ALLOWING THE APPEAL AND PARTLY MODIFYING THE JUDGMENT AND DECREE DATED 29.01.2019 PASSED IN O.S.NO.260/2014 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOLENARASIPURA. IN RSA NO. 1327/2023 BETWEEN: 1. KARIYAIAH S/O JAVARAIAH, AGED ABOUT 77 YEARS, R/AT NO 170/2, 8TH CROSS, MARATHAHALLI, BENGALURU - 4 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 2. VEERAJI W/O KARIYAIAH, AGED ABOUT 61 YEARS, R/AT NO 170/2, 8TH CROSS, MARATHAHALLI, BENGALURU 3. K T SHIVARAJU S/O KARIYAIAH, AGED ABOUT 49 YEARS, R/AT NO 170/2, 8TH CROSS, MARATHAHALLI, BENGALURU 4. DEVARAJU S/O KARIYAIAH, AGED ABOUT 44 YEARS, R/AT NO 170/2, 8TH CROSS, MARATHAHALLI, BENGALURU 5. GANESHA S/O KARIYAIAH, AGED ABOUT 35 YEARS, R/AT NO 170/2, 8TH CROSS, MARATHAHALLI, BENGALURU ...APPELLANTS (BY SRI.SURESH.M.LOKRE SENIOR COUNSEL FOR SRI.SHRAVAN.S.LOKRE.,ADVOCATE) AND: 1. PUSHPALATHA W/O K T KRISHNA, AGED ABOUT 34 YEARS, - 5 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 R/AT C/O KEMPASIDDIAH, INDIAN OVERSEAS BANK, ASHOKA EXTENSION, ADUVALLI, B M ROAD, HASSAN 2. SHALINI D/O K T KRISHNA, AGED ABOUT 14 YEARS, R/AT C/O KEMPASIDDIAH, INDIAN OVERSEAS BANK, ASHOKA EXTENSION, ADUVALLI, B M ROAD, HASSAN SINCE MINOR REPRESENTED BY HER MOTHER PUSHPALATHA ...RESPONDENTS (BY SRI. VASANTH MADHAVA S.,ADVOCATE FOR R1 AND R2) (R2 IS MINOR REP BY R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.07.2022 PASSED IN RA.No.22/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, DISMISSING THE APPEAL AND PARTLY MODIFYING THE JUDGMENT AND DECREE DATED 29.01.2019 PASSED IN OS.NO.260/2014 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOLENARASIPURA. - 6 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Appellant Nos.1 and 2 filed the joint affidavit, which reads as follows: 1. We submit that the First Appellate Court in RA 21/2019 and RA 22/2019 has passed a Judgment and Decree on 01/07/2022, directing the Partition Decree passed by the Trial Court to include the immovable property being Land In Sy No. 88 in Theranya Village, Halekote Hobli, Holenarasipura Taluk, Hassan District, measuring 4 Acres as Joint Family Property and based on which the Respondents have filed FDP No. 15/2022 pending on the file of the Addl. Civil Judge and JMFC at Holenarasipura 2. We submit that with respect to Schedule B Property (Site allotted from KHB) to Appellant No. 2 Smt. Veeraji is concerned, this Hon'ble Court may be pleased to Declare that the Schedule B Property is the Self Acquired Property of the Appellant No. 2 Smt. Veeraji and the Respondents have also file Undertaking Memo with respect to the same Schedule 'B' Property that they won't claim any right, title or interest. - 7 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 3. We further submit that we are senior citizens in age are we are living on the Paltry income derived out of the said land bearing No. Sy No.88 measuring 4 Acres in Theranya Village, Halekote Hobli, Holenarasipura Taluk, Hassan District, shown as Schedule Land. We submit that taking into consideration That we are senior citizens in age and by recording our undertaking that we shall not alienate or encumber the aforesaid land bearing Sy No. 88, measuring 4 Acre situated at Sy No. 88 in Theranya Village, Halekote Hobli, Holenarasipura Taluk, Hassan District, during our lifetime, we respectfully pray that the above said land in Sy No. 88 measuring 4 Acres in Theranya Village, Halekote Hobli, Holenarasipura Taluk, Hassan District, be reserved to be utilized by both Appellants 1 and 2 during their lifetime and liberty may be reserved Respondent 1 and 2 to file separate Final Decree Proceedings in respect of the above said land bearing Sy No. 88 measuring 4 Acres in Theranya Village, Halekote Hobli, Holenarasipura Taluk, Hassan District until such time there shall be no partition effected in respect of the said Item No.1 being land in Sy No. 88, measuring 4 Acres in Theranya Village, Halekote Hobli, Holenarasipura Taluk, Hassan District. 2. As the Appellants being senior citizens in age, they have undertaken not to alienate or encumber the land bearing Sy.No.88, measuring 4 acres and they are dependant on the income derived from the said land. It is stated that, till their life time, - 8 - NC: 2025:KHC:18113 RSA No. 1325 of 2023 C/W RSA No. 1327 of 2023 they may be permitted to enjoy the land bearing Sy.No.88, and after their demise the Sy.No.88 shall be divided amongst the other appellants, and the respondents by filing the separate Final Decree Proceedings, and the learned senior counsel for the appellants submits that appeal may be disposed of, in terms of the joint affidavit filed by the appellant Nos.1 and 2. 3. The Joint affidavit is placed on record. 4. The Appeals are disposed of, in terms of the joint affidavit. 5. In view of disposal of the appeals, IA.No.2/2023 in both the appeals, does not survive for consideration. Accordingly, IA.No.2/2023 in both appeals are disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 11