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2025 DAILYLAW 34771 (KAR)

SRI KRISHNAPPA v. SRI RANGAPPA

CRP/737/2024 · 2025-01-22

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2689 CRP No. 737 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 737 OF 2024 BETWEEN: 1. SRI. KRISHNAPPA, S/O LATE YALLAIAH, AGED ABOUT 70 YEARS, RESIDING AT OPPOSITE BUILDING OF NO.75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 2. SRI. RANGANATH, S/O LATE YALLAIAH, AGED ABOUT 53 YEARS, RESIDING AT 83, 3RD CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 3. SRI. NARASIMHA, S/O LATE YALLAIAH, AGED ABOUT 49 YEARS, RESIDING AT OPPOSITE BUILDING OF NO.75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 4. SRI. CHANDRA S/O LATE YALLAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.306, 9TH CROSS, VIDYARANYA ROAD, GAVIPURAM, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2689 CRP No. 737 of 2024 GUTTAHALLI, BENGALURU - 560 019. …PETITIONERS (BY SRI. R. SATISH CHANDRA, ADVOCATE) AND: 1. SRI. RANGAPPA, S/O LATE GANGAIAH, AGED ABOUT 67 YEARS, RESIDENT OF LAKSHIMPURA VILLAGE, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 133. 2. SMT. RAJAMMA D/O LATE KRISHNAPPA, W/O RANGAWSAMY, AGED ABOUT 72 YEARS, RESIDING AT KOPPA VILLAGE, KONDAJJI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT- 572 215. 3. SMT. LAKSHMIDEVAMMA, W/O LATE. BASAVARAJU, AGED ABOUT 62 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. 4. SRI. NAGARAJAU, S/O LATE BASAVARAJU, AGED ABOUT 32 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. - 3 - NC: 2025:KHC:2689 CRP No. 737 of 2024 5. SMT. NAGAMMA, D/O LATE KRISHNAPPA, W/O VENKATEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. 6. SRL. GANGAIAH S/O LATE KRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. 7. SMT. YASHODHAMA D/O LATE KRISHNAPPA, AGED ABOUT 57 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. 8. SRI. RAMESHA, S/O LATE KRISHNAPPA, AGED ABOUT 47 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. 9. SMT. RAJAMMA D/O LATE VENKATAPPA, W/O SHIVARAMU, AGED ABOUT 67 YEARS, RESIDING AT ANGADIHALLI VILLAGE, HAGARA POST, MADIHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 216. - 4 - NC: 2025:KHC:2689 CRP No. 737 of 2024 10. SMT. PARVATHAMMA D/O LATE VENKATAPPA, W/O K.V.PRAKASH, ABOUT 67 YEARS, RESIDING AT KOPPA VILLAGE, KONDAJJI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 215. 11. SMT. JAYAMMA, D/O LATE SREENIVAS, AGED ABOUT 50 YEARS, RESIDING AT OPPOSITE BUILDING OF NO. 75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 12. SRI. RAVI S/O LATE SREENIVAS, AGED ABOUT 32 YEARS, RESIDING AT OPPOSITE BUILDING OF NO. 75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 13. SRI. KIRANA, S/O LATE SREENIVAS, AGED ABOUT 28 YEARS, RESIDING AT OPPOSITE BUILDING OF NO. 75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 14. SMT. SAVITHA D/O LATE SREENIVAS, AGED ABOUT 26 YEARS, RESIDING AT OPPOSITE BUILDING OF NO. 75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. - 5 - NC: 2025:KHC:2689 CRP No. 737 of 2024 15. SRI. HANUMANTHA, S/O LATE YALLIAH, AGED ABOUT 51 YEARS, RESIDING AT NO.83, 3RD CROSS, SUN CITY, KENGERI UPANAGARA, BENGALURU - 560 060. 16. SMT. SHIVAMMA, D/O LATE YALLAIH W/O VENKATEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT OPPOSITE BUILDING OF NO. 75, 6TH CROSS, MUTHURAYASWAMY BADAVANE, SUNKADAKATTE, BENGALURU - 560 091. 17. SMT. GOWRAMMA D/O LATE JAYAMMA, W/O RANGAPPA, AGED ABOUT 67 YEARS, RESIDENT OF LAKSHIMPURA VILLAGE, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 133. 18. SMT. GANGAMMA D/O LATE JAYAMMA, W/O MARIYANNA, AGED ABOUT 65 YEARS, RESIDING AT HAGARA VILLAGE, HAGARE POST, MADIHALLI HOBLI, BELUR TALUK - 573 216. 19. SMT. MANJULA, W/O LATE RAMEGOWDA, AGED ABOUT 60 YEARS, RESIDING AT KOPPA VILLAGE, KONDAJJI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 215. 20. SRI. SHARATH S/O LATE RAMEGOWDA, AGED ABOUT 32 YEARS, - 6 - NC: 2025:KHC:2689 CRP No. 737 of 2024 RESIDING AT KOPPA VILLAGE, KONDAJJI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 215. 21. SMT. YASHASWINI, D/O LATE RAMEGOWDA, AGED ABOUT 30 YEARS, RESIDING AT KOPPA VILLAGE, KONDAJJI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 215. 22. SMT. LAKSHMIDEVAMMA D/O LATE JAYAMMA, W/O LATE T.K. BASAVARAJU, AGED ABOUT 62 YEARS, RESIDING AT THIPPANAYAKANHALLI VILLAGE, HUTHRIDURGA HOBLI, IPPADI POST, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 126. 23. SRI. K.V. PRAKASH, D/O LATE JAYAMMA, AGED ABOUT 60 YEARS, RESIDING AT KOPPA VILLAGE, KONDAJJI POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 215. 24. SMT. SAVITHRAMMA, D/O JAYAMMA, W/O VENKATEGOWDA, AGED ABOUT 57 YEARS, RESIDING AT 84, 21 CROSS, PIPE LINE ROAD, SUNKADAKATTE, BENGALURU - 560 091. …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 14.08.2024 PASSED ON I.A.NO.2 IN OS.NO.616/2022 ON THE FILE OF THE ADDITIONAL CIVIL - 7 - NC: 2025:KHC:2689 CRP No. 737 of 2024 JUDGE AND JMFC, KUNIGAL, DISMISSING THE I.A.NO.2 FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC.151 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioners are defendents No. 10, 15, 17 and 18 in the suit filed at the hands of the 1st respondent herein. The petitioners herein had filed an application in I.A. No.2 under order VII, Rule 11, (a) and (d) of CPC contending that the suit schedule properties were exclusively acquired by their father Sri.Yallaiah from his hard work and money after he got separated from the joint family in the year 1958-60 and he shifted to Bangalore with his family and started an independent life. It was contended that not a single proof was placed along with the plaint to prove the case of the plaintiff. Additional Civil Judge and JMFC, Kunigal, while taking note of several judgments of the Hon'ble Supreme Court has come to the conclusion that the cause of action to file a suit for partition is to be - 8 - NC: 2025:KHC:2689 CRP No. 737 of 2024 determined on the basis of material that may be produced by the parties at an appropriate stage in the suit. On the other hand, to reject the plaint under Order VII Rule 11 (a) and (d) what is required to be considered is only the statement in the plaint and not any other material which may be available to the defendants as defense. The learned judges held that the burden is cast on the plaintiff to prove that all the properties are joint family properties, and that can be done only after permitting the parties to adduce evidence. On these grounds, the application filed by the petitioners has been rejected. 2. This Court does not find any infirmity in the impugned order. Consequently, the *Civil Revision Petition stands dismissed. Sd/- (R DEVDAS) JUDGE rv CT: BHK *Corrected vide Chamber Order dated 11th February 2025.