- 1 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1576 OF 2022 (PAR) BETWEEN: 1. SMT. BABY DEVADTHI D/O LATE GOVINDA DEVADIGA, AGED ABOUT 53 YEARS, R/O SOORKUNDA, BYNDOOR VILLAGE AND POST, KUNDAPURA TALUK, UDUPI-576201 …APPELLANT (BY SRI. AJITH A SHETTY, ADVOCATE) AND: 1. SRI. ANNAPPA S/O LATE MARLIHENGSU, AGED ABOUT 73 YEARS, 2. LATE SRI MUDOORA SINCE DECEASED BY HIS LEGAL HEIRS SMT. NETHRAVATHI, W/O LATE MUDOORA, AGED ABOUT 79 YEARS, 3. LAXMAN AGED ABOUT 49 YEARS, 4. KRISHNA AGED ABOUT 49 YEARS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 5. RAVINDRA AGED ABOUT 46 YEARS, 6. NAGARAJ AGED ABOUT 43 YEARS, RESPONDENT NO.2 IS THE WIFE WHILE RESPONDENTS 3, 4, 5 AND 6 ARE CHILDREN OF LATE MUDOORA. 7. LAXMANA DEVADIGA S/O LATE NAGI HENGSU, AGED ABOUT 79 YEARS, 8. LATE NAGA DEVADIGA, SINCE DECEASED BY HIS LEGAL HEIRS SMT. LAKSHMI AGED ABOUT 83 YEARS, 9. SUSHEELA AGED ABOUT 63 YEARS, 10. DAMODHARA AGED ABOUT 58 YEARS, 11. SULOCHANA AGED ABOUT 56 YEARS, 12. SATISH AGED ABOUT 54 YEARS, 13. ASHOKA AGED ABOUT 52 YEARS, RESPONDENT 8 IS THE WIDOW WHILE RESPONDENTS 9 TO 13 ARE CHILDREN OF LATE NAGA DEVADIGA LATE THIMMA DEVADIGA SINCE DECEASED BY HIS LEGAL HEIRS - 3 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 14. KAVERI AGED ABOUT 77 YEARS, 15. KAMALA AGED ABOUT 65 YEARS, 16. CHANDRASHEKAR AGED ABOUT 63 YEARS, 17. VASU AGED ABOUT 61 YEARS, 18. BALAKRISHNA AGED ABOUT 58 YEARS, 19. RAMACHANDRA AGED ABOUT 56 YEARS, 20. GIRIJA AGED ABOUT 53 YEARS, 21. SMT. MOOKAMBU AGED ABOUT 68 YEARS, 22. SMT. RUKKKU AGED ABOUT 56 YEARS, 23. NARASIMHA AGED ABOUT 62 YEARS, RESPONDENTS 21 TO 23 ARE CHILDREN OF LATE MANJI 24. MANJUNATHA AGED ABOUT 62 YEARS, 25. VASU AGED ABOUT 60 YEARS, - 4 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 26. KRISHNA AGED ABOUT 58 YEARS, 27. GANGADHAR AGED ABOUT 46 YEARS, 28. SMT. NEELU AGED ABOUT 44 YEARS, 29. SMT. BHARATHI AGED ABOUT 44 YEARS, RESPONDENTS 24 TO 29 ARE CHILDREN OF SMT. MOOKAMBU. 30. SMT. NIRMALA AGED ABOUT 49 YEARS, 31. SHIVA AGED ABOUT 44 YEARS, CHILDREN OF SMT. RUKKU RESPONDENTS 30 AND 31 ARE CHILDREN OF SMT. RUKKU. 32. ROHITH AGED ABOUT 21 YEARS, 33. RAMDAS AGED ABOUT 19 YEARS, 34. NARAYANA DEVADIGA S/O LATE NAGI HENGSU, AGED ABOUT 90 YEARS, RESPONDENTS WERE RESIDENTS OF SOORKUNDA, BYNDOOR VILLAGE, POST : MAYYADI, UDUPI DISTRICT-576214 THERY ARE COURRENTLY RESIDING AT KELA MANE, - 5 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 YEDTHARE VILLAGE, YEDTHARE POST, KUNDAPURA TALUK UDUPI-576214. …RESPONDENTS (BY SRI. P.DHANANJAYA, ADVOCATE FOR SMT. VANITHA U.M., ADVOCATE FOR R1, R17, R21 TO R23, R27 TO R31) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.06.2022 PASSED IN R.A.NO.40/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, KUNDAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.10.2013 PASSED IN O.S.NO.51/2004 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter is listed for admission. Heard the counsel appearing for the appellant and also the counsel appearing for the respondent Nos.1, 17, 21 to 23, 27 to 31. 2. The counsel appearing for the appellant would vehemently contend that this appeal is not challenging the allotment of share, but allotment of share of per capita and ought to have granted 1/4th share each. Originally, the property was granted under the Land Reforms Act in favour of - 6 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 Krishnappa i.e., the husband of Narsi and they have four children by name Chennamma, Nagi, Manji and Subbi and the said Narsi is no more and all these parties are represent their branch thus, ought not to have decided and allotted the share of per capita instead of allotting the share of 1/4th. If any persons represent their respective branches, they can claim the share among themselves. The counsel appearing for the respondent also not disputes the relationship between the parties. The property was originally allotted in favour of husband of Narsi i.e., Krishnappa and no doubt, the Trial Court granted the relief of partition and while granting the relief, taken note of the fact that the parties who are representing the different branches, divided into 20 pair and equal shares with reference to the good and bad soil and plaintiff No.2 is entitled for allotment of one such share in the said properties and decreed the same and ought not to have done the same but ought to have to have done only 1/4th share because they represent respective their branches. 3. Having considered the grounds which have been urged before this court and also there is a force in the - 7 - HC-KAR NC: 2025:KHC:26727 RSA No. 1576 of 2022 contention of the appellant’s counsel that it requires only modification of the share, i.e., 1/4th each on the children of Sri Krishnappa, who was having four children namely Channamma, Nagi, Manji and Subbi and the plaintiffs and defendants claim share among themselves subject to the respective children’s. Accordingly, this RSA is disposed of modifying the judgment and decree of the Trial Court granting 1/4th share each on the children of Krishnappa. 4. In view of dismissal of the main appeal, I.A. if any, do not survive for consideration and the same stand dismissed. Sd/- (H.P.SANDESH) JUDGE SN List No.: 1 Sl No.: 66