- 1 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1582 OF 2023 (PAR) BETWEEN: 1. MUDDAGANGAMMA SINCE DECEASED BY HER LRS ON RECORD I.E., APPELLANT NO.3 AND 4 JANARDHANA SINCE DECEASED BY HIS LRS SMT. SULOCHANA S, AGED ABOUT 47 YEARS W/O LATE JANARDHANA 2. SMT. SUDHA J, AGED ABOUT 25 YEARS D/O LATE JANARDHANA 3. SMT. DEEPA AGED ABOUT 24 YEARS, D/O LATE JANARDHANA, ALL RESIDING AT BELTHUR VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 049. 4. SMT. NAGARATHNA AGED ABOUT 59 YEARS, D/O LATE B.T.LAKSHMIKANTHACHAR Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 RESIDING AT RAMAPURA VILLAGE VIRGONAGARA POST BIDARAHALLI HOBLI BANGALORE -560 049. 5. SRI. VENKATACHALAPATHI AGED ABOUT 42 YEARS S/O LATE B.T. LAKSHMIKANTHACHAR RESIDING AT BELTHUR VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 049. …APPELLANTS (BY SRI. PRANAV T.M., ADVOCATE FOR SRI. B.R.VISWANATH, ADVOCATE) AND: 1. SMT. ANUSUYAMMA AGED ABOUT 67 YEARS D/O LATE B.T.THIMMACHAR 2. SMT. SHAKUNTHALAMMA AGED ABOUT 61 YEARS D/O LATE B.T.THIMMACHAR 3. SMT. INDIRAMMA AGED ABOUT 55 YEARS, D/O LATE B.T.THIMMACHAR, 4. SMT. SAVITHRAMMA AGED ABOUT 52 YEARS, D/O LATE B.T.THIMMACHAR, 5. SRI. JAYACHANDRA AGED ABOUT 65 YEARS, S/O LATE B.T. SURYANARAYANACHAR 6. SMT. VIJAYAMMA AGED ABOUT 61 YEARS - 3 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 D/O LATE B.T. SURYANARAYANACHAR 7. SRI. VENUGOPAL AGED ABOUT 59 YEARS, S/O LATE B.T. SURYANARAYANACHAR, 8. SRI. PADMANABHA AGED ABOUT 57 YEARS, S/O LATE B.T. SURYANARAYANACHAR, 9. SMT. B.S. GAYATHRI AGED ABOUT 55 YEARS, D/O LATE B.T. SURYANARAYANACHAR, 10. SRI. GAJENDRA AGED ABOUT 52 YEARS, S/O LATE B.T. SURYANARAYANACHAR, 11. SRI. RAGHU AGED ABOUT 49 YEARS, S/O LATE B T SURYANARAYANACHAR, 12. SMT. SUGUNA AGED ABOUT 47 YEARS, D/O LATE B T SURYANARAYANACHAR, NOS.1 TO 12 RESIDING AT BIDARAHALLI VILLAGE AND HOBLI BANGALORE EAST TALUK BANGALORE 560 049. 13. SRI. RAVINDRA KUMAR AGED ABOUT 64 YEARS S/O LATE B T KRISHNACHAR 14. SRI. PRASANNA KUMAR AGED ABOUT 59 YEARS S/O LATE B T KRISHNACHAR - 4 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 15. SRI. SHANTHA PRAKASH AGED ABOUT 54 YEARS S/O LATE B.T.KRISHNACHAR NOS.13 TO 15 RESIDING AT DEVASUNDRA BANGALORE EAST TALUK. 16. SMT. AMBUJAKSHI AGED ABOUT 55 YEARS D/O LATE B T NEELACHAR 17. SRI. KRISHNAMURTHY AGED ABOUT 52 YEARS, S/O LATE B T NEELACHAR 18. SMT. SARASWATHI AGED ABOUT 49 YEARS D/O LATE B T NEELACHAR 19. SMT. PUTTALAKSHMI AGED ABOUT 44 YEARS D/O LATE B T NEELACHAR 20. SMT. VARALAKSHMI AGED ABOUT 41 YEARS, D/O LATE B T NEELACHAR 21. SRI. DIVAKAR AGED ABOUT 38 YEARS, S/O LATE B T NEELACHAR NOS.16 TO 21 RESIDING AT BIDARAHALLI VILLAGE BIDRAHALLI HOBLI, BANGALORE EAST TALUK. 22. SRI. SUDARSHAN AGED ABOUT 65 YEARS S/O LATE B T SHAMACHAR - 5 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 23. SRI. LAKSHMIPATHI AGED ABOUT 61 YEARS S/O LATE B T SHAMACHAR 24. SRI. MOHAN AGED ABOUT 57 YEARS S/O LATE B T SHAMACHAR 25. SMT. JAYALAKSHMI AGED ABOUT 52 YEARS D/O LATE B T SHAMACHAR 26. SRI. SRINIVAS AGED ABOUT 47 YEARS S/O LATE B T SHAMACHAR NOS.22 TO 26 RESIDING AT AVALAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 049. 27. SMT. JAYAMMA AGED ABOUT 77 YEARS W/O LATE B T DASACHAR 28. SRI. VENKATESH MURTHY AGED ABOUT 61 YEARS S/O LATE B T DASACHAR 29. SRI. RAVI AGED ABOUT 58 YEARS S/O LATE B T DASACHAR 30. SRI. SURESH AGED ABOUT 45 YEARS W/O LATE B T DASACHAR NOS.27 TO 30 RESIDING - 6 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 AT BIDARAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 049. …RESPONDENTS (BY SRI.G.V.SHASHIKUMAR, ADVOCATE FOR C/R5, R7, R8, R10 AND R11) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.07.2023 PASSED IN R.A.NO.2/2022 ON THE FILE OF THE IX ADDITIONAL DISTIRCT AND SESSIONS JUDGE, C/C VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.10.2021 PASSED IN O.S.NO.1628/2013 ON THE FILE OF V ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for the caveator respondent Nos.5, 7, 8, 10 and 11. - 7 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 2. This second appeal is filed against concurrent finding of Trial Court and the First Appellate Court. The very claim made by the plaintiff/appellant before the Trial Court seeking the relief of partition claiming 1/7th share in respect of the suit schedule properties. Though it is the claim that the suit schedule properties are the joint family properties, nothing is placed on record before the Trial Court that the suit schedule properties are joint family properties. The Trial Court while considering the both oral and documentary evidence placed on record, taken note of the fact that item No.1 property was gifted by Vajrappa in the name of father of defendant Nos.5 to 12 and hence, comes to the conclusion that item No.1 is the separate property of father of defendant Nos.5 to 12 and so also in respect of item No.2 and the same was purchased by Suryanarayanachar and same was standing in his name only, then in the name of defendant Nos.5 to 12 and the same is self acquired property of late Suryanarayanachar and so also in respect of item No.3 is concerned, the same - 8 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 is purchased by Jaychandra that is defendant No.5 and also taken note of that there are no single piece of evidence from the plaintiff’s side in order to show that said property is joint family property and so also in respect of item No.4 is concerned, same is standing in the name of third persons and those third persons are not made as parties to the proceedings and hence, question of considering item No.4 does not arise and this finding of Trial Court also confirmed by the First Appellate Court having re-assessed both oral and documentary evidence placed on record. The First Appellate Court having taken note of the documents of acquiring the property by the father Suryanarayanachar and also considering the gift deed and even re-assessing the material on record, comes to the conclusion that plaintiffs have not produced any revenue document before the Court to prove that it is their joint family properties and the same is observed in paragraph Nos.31 and 32 of the judgment and definite finding was given that in order to comes to a conclusion - 9 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 that the property is a joint family property, nothing is placed on record. 3. The counsel appearing for the appellants in his argument would vehemently contend that both the Courts fail to consider both oral and documentary evidence placed on record and would contend that the very finding of the Trial Court as well as the First Appellate Court that the suit schedule properties are not the joint family properties is not correct and substantive question of law framed by the counsel for appellants with regard to the issue of fact finding. Having considered the grounds urged in the second appeal as well as substantive question of law framed by the counsel for appellant, nothing is found with regard substantive question of law for consideration of second appeal. When both the Courts have given fact finding that nothing is placed on record that property belongs to the joint family, question of reconsideration in a second appeal with regard to the fact finding does not arise unless finding of both the Courts are perverse and no - 10 - HC-KAR NC: 2025:KHC:18458 RSA No. 1582 of 2023 such material is found before the Court to consider the second appeal on merits and hence, there are no grounds to admit the second appeal and to frame substantive question of law. Hence, the Second Appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 35