- 1 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 232 OF 2007 (PAR) C/W REGULAR SECOND APPEAL NO. 233 OF 2007 (PAR) REGULAR SECOND APPEAL NO. 234 OF 2007 (PAR) REGULAR SECOND APPEAL NO. 235 OF 2007 (PAR) REGULAR SECOND APPEAL NO. 236 OF 2007 (PAR) REGULAR SECOND APPEAL NO. 237 OF 2007 (PAR) IN RSA No. 232/2007 BETWEEN: SRI M SELVAKUMAR, S/O LATE V MUTHUPALLAI, AGED ABOUT 55 YEARS, R/O 71/1, B.M.ROAD, ASHOKNAGAR, K.G.F - 563103. …APPELLANT (BY SRI S C VIJAYKUMAR, ADVOCATE) AND: 1. SRI M LOGANATHAN, S/O P MARI, AGE: 50 YEARS, R/O GUNDUSHETTY STREET, B.M.ROAD, ASHOKNAGAR, K.G.F. BANGARPET TQ. KOLAR DIST - 563103. 2. SMT RAJAMMAL, W/O PERUMAL AGE: 65 YEARS, Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS B.M.ROAD, ASHOKNAGAR, K.G.F- 563103. SINCE DECEASED REP. BY HER LRS 2(a) RAJASHEKAR, S/O LATE RAJAMMAL, AGED ABOUT 56 YEARS, 2(b) SMT ESHWARI, D/O LATE RAJAMMAL, AGED ABOUT 40 YEARS BOTH ARE R/AT CHINTHAMANI, VILAS BUILDING, B.M.ROAD, ASHOKNAGAR, K.G.F - 563120. 3. R ADHINARAYAN, S/O SRI RANGASWAMY, AGED ABOUT 58 YEARS, R/O 93, B.M.ROAD, ASHOKNAGAR, K.G.F - 563103. 4. B MAYADHEVI, W/O BAGMANI AGED ABOUT 48 YEARS, R/O 93/4, B.M.ROAD, ASHOKNAGAR , K.G.F - 563103. THERESA DEAD BY LRS 5. P K KANIKARAJ, S/O LATE SM THERESA, AGE: 52 YEARS, 6. P G AMALARAJ, S/O LATE SMT THERESA, AGE: 48 YEARS, 7. P G AMAL XAVIER, S/O LATE SMT THERESA, AGE: 46 YEARS, - 3 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS R7 DELETED VIDER ORDER DATED 7.1.2013. 8. P G GEORGE BASTIN, S/O LATE SMT THERESA, AGE: 42 YEARS, 9. P G ARUL POOVANARAJ, S/O LATE SMT THERESA, AGE: 38 YEARS, RESPONDENTS 5 TO 9 ARE R/AT NO.145 KANEDY'S LANE OORGUM, K.G.F - 563103. 10. SMT SOLOCHANA, W/O RAGAWAN, AGE: 55 YEARS, 11. MADHAN, S/O RAGAWAN, AGE: 55 YEARS, 12. SARAVAN, S/O RAGAWAN, AGE: 32 YEARS, 13. MANOGARAN, S/O RAGAWAN AGE: 31 YEARS, 14. ARUNA, S/O RAGAWAN, AGE: 28 YEARS, 15. VARUNA, S/O RAGAWAN, AGE: 25 YEARS, 16. KARUNA, S/O RAGAWAN, - 4 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS AGE: 22 YEARS, RESPONENT 10 TO 16 ARE R/O NO.60, PLUMMER ROAD, ASHOK NAGAR, OORGUM, K.G.F - 563103. RESPONDENTS 7 AND 10 TO 16 ARE DELETED VIDER ORDER DT 07.01.2013. 17. JAYAPAUL, S/O LATE RANIAMMAL AND PERIMAL, AGE: 65 YEARS, NO.62, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. 18. SUNDARMURTHY, S/O RANGASWAMY, AGED 61 YEARS, PRINCIPAL, BHARATH NURSARY MIDDLE SCHOOL, CHINTHAMANI VILAS BUILDING, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. 19. M VENU, S/O MURGESH, AGE: 61 YEARS, R/O 1369, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. SOROJINI, W/O AYYAPPAN DEAD BY LRS 20. KOMALAVALLI, W/O SUKUMARN, D/O LATE SOROJINI, AGE: 50 YEARS, 21. RADHA KARISHNA, S/O LATE SOROJINI, AGE: 40 YEARS, - 5 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 22. BALAN, S/O LATE SOROJINI, AGE: 38 YEARS, 23. SHASHIDHARAN, S/O LATE SOROJINI, AGE: 35 YEARS, 24. VISHWANATH, S/O LATE SOROJINI, AGE: 30 YEARS, RESPONDENT NO.20 TO 24 ARE R/AT OLD NO.60, NEW NO.1368, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. …RESPONDENTS (BY SRI C PATTABHI RAMAN, ADVOCATE FOR R1, R3, R5, R6, R8, R17, R19 TO R24 AND R2A, V/O/DT 07.01.2013, R7 & R10 TO R16 DELETED, R9 AND R18 - NOTICE SERVED, V/O/DT 30.01.2018 APPEAL STANDS DISMISSED AS AGAINST R4, V/O/DT 22.07.2024 R2(B) CALLED OUT ABSENT) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.25.10.2006 PASSED IN R.A.NO.38/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KGF, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DT.3.1.2002 PASSED IN O.S.NO.336/89 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KGF. IN RSA NO.233/2007: BETWEEN: SRI M SELVAKUMAR, S/O LATE V MUTHUPALLAI, AGED ABOUT 55 YEARS, R/O 71/1, B.M.ROAD, - 6 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS ASHOKNAGAR, K.G.F - 563103. …APPELLANT (BY SRI S C VIJAYKUMAR, ADVOCATE) AND: 1. M VENU, S/O MURUGESH, AGED ABOUT 61 YEARS, R/O 1369, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 2. SMT RAJAMMAL, W/O PERUMAL AGE: 65 YEARS, B.M.ROAD, ASHOKNAGAR, K.G.F- 563103. SINCE DECEASED REP. BY HER LRS 2(a) SRI RAJASHEKAR, S/O LATE RAJAMMAL, AGED ABOUT 56 YEARS, 2(b) SMT ESHWARI, D/O LATE RAJAMMAL, AGED ABOUT 40 YEARS BOTH ARE R/AT CHINTHAMANI, VILAS BUILDING, B.M.ROAD, ASHOKNAGAR, K.G.F - 563120. 3. R ADHINARAYAN, S/O SRI RANGASWAMY, AGED ABOUT 58 YEARS, R/O 93, B.M.ROAD, ASHOKNAGAR, K.G.F - 563103. 4. B MAYADHEVI, W/O BAGMANI, AGED ABOUT 48 YEARS, R/O 93/4, B.M.ROAD, - 7 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS ASHOKNAGAR , K.G.F - 563103. THERESA DEAD BY LRS 5. P K KANIKARAJ, S/O LATE SM THERESA, AGE: 52 YEARS, 6. P G AMALARAJ, S/O LATE SMT THERESA, AGE: 48 YEARS, 7. P G AMAL XAVIER, S/O LATE SMT THERESA, AGE: 46 YEARS, R7 DELETED VIDER ORDER DATED 7.1.2013. 8. P G GEORGE BASTIN, S/O LATE SMT THERESA, AGE: 42 YEARS, 9. P G ARUL POOVANARAJ, S/O LATE SMT THERESA, AGE: 38 YEARS, RESPONDENTS 5 TO 9 ARE R/AT NO.145 KANEDY'S LANE OORGUM, K.G.F - 563103. RAGWAN BY HIS LR'S 10. SMT SOLOCHANA, W/O RAGAWAN, AGE: 55 YEARS, 11. MADHAN, S/O RAGAWAN, AGE: 55 YEARS, 12. SARAVAN, - 8 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS S/O RAGAWAN, AGE: 32 YEARS, 13. MANOGARAN, S/O RAGAWAN AGE: 31 YEARS, 14. ARUNA, S/O RAGAWAN, AGE: 28 YEARS, 15. VARUNA, S/O RAGAWAN, AGE: 25 YEARS, 16. KARUNA, S/O RAGAWAN, AGE: 22 YEARS, RESPONENT 10 TO 16 ARE R/O NO.60, PLUMMER ROAD, ASHOK NAGAR, OORGUM, K.G.F - 563103. RESPONDENTS 7 AND 10 TO 16 ARE DELETED VIDER ORDER DT 07.01.2013. RANIAMMAL, W/O LATE PERIMAL DEAD BY LR'S 17. JAYAPAUL, S/O LATE RANIAMMAL AND PERIMAL, AGE: 65 YEARS, NO.62, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. 18. C RAJESWARI, C/O SRI MUTHUPILLAI, AGED ABOUT 52 YEARS, R/O NO.93/1, ASHOKNAGAR, B.M.ROAD, K.G.F. - 9 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 19. SUNDARMURTHY, S/O RANGASWAMY, AGED 61 YEARS, PRINCIPAL, BHARATH NURSARY MIDDLE SCHOOL, CHINTHAMANI VILAS BUILDING, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. 20. STELLA BAI, W/O JAYAPRAGASAM, AGED ABOUT 45 YEARS, R/O NO.89, 3RD LANE, OORGAUM POST, KGF. 21. KARLICE, W/O APPELLANT AGED ABOUT 50 YEARS, R/O 1369, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 22. NAVAMANI, AGED ABOUT 52 YEARS, R/O 1368, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 23. P.V.SUKUMARAN, S/O P.P VELAYUDHAN, AGED ABOUT 55 YEARS, R/O APPLAM WORKS, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 24. SRI M LOGANATHAN, S/O P MARI, AGED ABOUT 50 YEARS, R/O GUNDUSHETTY STREET, B.M.ROAD, ASHOKNAGAR, K.G.F, KOLAR DISTRICT. - 10 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS SOROJINI, W/O AYYAPPAN DEAD BY LRS 25. KOMALAVALLI, W/O SUKUMARN, D/O LATE SOROJINI, AGE: 50 YEARS, 26. RADHA KARISHNA, S/O LATE SOROJINI, AGE: 40 YEARS, 27. BALAN, S/O LATE SOROJINI, AGE: 38 YEARS, 28. SHASHIDHARAN, S/O LATE SOROJINI, AGE: 35 YEARS, 29. VISHWANATH, S/O LATE SOROJINI, AGE: 30 YEARS, RESPONDENT NO.25 TO 29 ARE R/AT OLD NO.60, NEW NO.1368, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. (CAUSE TITLE AMENDED AS PER COURT ORDER DATED 29.07.2024) …RESPONDENTS (BY SRI PATTABHI RAMAN, ADVOCATE FOR R1, R3, R5, R6, R8, R17 AND R21 TO R29 V/O/D 07.01.2013 R7 AND R10 TO R16 DELETED R2(A), R9, R19, R20 - NOTICE SERVED, V/O/DT 30.01.2018, R18 DECEASED NO LRS V/O/DT 22.07.2024 R2(B) CALLED OUT ABSENT) - 11 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.1.10.2006 PASSED IN R.A.NO.40/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KGF, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DT.3.1.2002 PASSED IN O.S.NO.336/89 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KGF. IN RSA NO. 234/2007 BETWEEN: SRI M SELVAKUMAR, S/O LATE V MUTHUPALLAI, AGED ABOUT 55 YRS, R/AT 71/1 B.M.ROAD, ASHOKNAGAR K.G.F, KOLAR DISTRICT. ...APPELLANT (BY SRI S C VIJAY KUMAR, ADVOCATE) AND: SOROJINI, W/O AYYAPPAN, DEAD BY LRS, 1. KOMALAVALLI, W/O SUKUMARN, D/O LATE SOROJINI, AGED ABOUT 50 YRS, 2. RADHA KARISHNA, S/O LATE SOROJINI, AGED ABOUT 40 YRS, 3. BALAN, S/O LATE S0ROJINI, AGED ABOUT 38 YRS, 4. SHASHIDHARAN, S/O LATE SOROJINI, AGED ABOUT 35 YRS, 5. VISHWANATH, S/O LATE SOROJINI, AGED ABOUT 30 YRS, - 12 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS RESPONDENTS 1 TO 5 ARE R/O OLD NO.60, NEW NO.1368, PLUMMER ROAD, ASHOK NAGAR K.G.F. 6. SMT RAJAMMAL, W/O PERUMAL SINCE DEAD BY HER LR'S 6(a) SRI RAJASHEKAR, S/O ALTE RAJAMMAL, AGED ABOUT 56 YEARS, 6(b) SMT ESHWARI, D/O LATE RAJAMMA, BOTH ARE R/AT CHINTHAMANI VILAS BUILDING, B.M.ROAD, ASHOKNAGAR, K.G.F - 563120. 7. R ADHINARAYANA, S/O SRI RANGASWAMY, AGED ABOUT 58 YRS R/AT NO.93 B M ROAD ASHOKNAGAR K.G.F. 8. B MAYADHEVI, W/O BAGMANI, AGED ABOUT 48 YRS, R/AT 93/4 B.M.ROAD, ASHOKNAGAR, K.G.F. THERESA DEAD BY LRS 9. P K KANIKARAJ, S/O LATE SM THERESA, AGE: 52 YEARS, 10. P G AMALARAJ, S/O LATE SMT THERESA, AGE: 48 YEARS, - 13 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 11. P G AMAL XAVIER, S/O LATE SMT THERESA, AGE: 46 YEARS, R11 DELETED VIDER ORDER DATED 7.1.2013. 12. P G GEORGE BASTIN, S/O LATE SMT THERESA, AGE: 42 YEARS, 13. P G ARUL POOVANARAJ, S/O LATE SMT THERESA, AGE: 38 YEARS, RESPONDENTS 5 TO 9 ARE R/AT NO.145 KANEDY'S LANE OORGUM, K.G.F - 563103. RAGWAN BY HIS LR'S 14. SMT SOLOCHANA, W/O RAGAWAN, AGE: 55 YEARS, 15. MADHAN, S/O RAGAWAN, AGE: 55 YEARS, 16. SARAVAN, S/O RAGAWAN, AGE: 32 YEARS, 17. MANOGARAN, S/O RAGAWAN AGE: 31 YEARS, 18. ARUNA, S/O RAGAWAN, AGE: 28 YEARS, - 14 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 19. VARUNA, S/O RAGAWAN, AGE: 25 YEARS, 20. KARUNA, S/O RAGAWAN, AGE: 22 YEARS, RESPONENT 14 TO 20 ARE R/O NO.60, PLUMMER ROAD, ASHOK NAGAR, OORGUM, K.G.F - 563103. RESPONDENTS 11 AND 14 TO 20 ARE DELETED VIDER ORDER DT 07.01.2013. SMT RANIAMMAL, W/O LATE PERIMAL DEAD BY LR'S 21. JAYAPAUL, S/O LATE RANIAMMAL AND PERIMAL, AGE: 65 YEARS, NO.62, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. 22. C RAJESWARI, C/O SRI MUTHUPILLAI, AGED ABOUT 52 YEARS, R/O NO.93/1, ASHOKNAGAR, B.M.ROAD, K.G.F. 23. SUNDARMURTHY, S/O RANGASWAMY, AGED 61 YEARS, PRINCIPAL, BHARATH NURSARY MIDDLE SCHOOL, CHINTHAMANI VILAS BUILDING, PLUMMER ROAD, ASHOK NAGAR, K.G.F - 563103. 24. STELLA BAI, W/O JAYAPRAGASAM, - 15 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS AGED ABOUT 45 YEARS, R/O NO.89, 3RD LANE, OORGAUM POST, KGF. 25. KARLICE, W/O APPELLANT AGED ABOUT 50 YEARS, R/O 1369, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 26. NAVAMANI, AGED ABOUT 52 YEARS, R/O 1368, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 27. P.V.SUKUMARAN, S/O P.P VELAYUDHAN, AGED ABOUT 55 YEARS, R/O APPLAM WORKS, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 28. SRI M LOGANATHAN, S/O P MARI, AGED ABOUT 50 YEARS, R/O GUNDUSHETTY STREET, B.M.ROAD, ASHOKNAGAR, K.G.F, KOLAR DISTRICT. 29. M VENU, S/O MURGESH, AGED ABOUT 61 YRS, R/AT NO.1369, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 30. RAVI, S/O LATE SMT SAROJINI, AGED ABOUT 42 YRS, WORKING IN ARMYHAS HAVILDAR, - 16 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS NO.11/27A, A.D REGIMENT, C/O 56 APO. ...RESPONDENTS (BY SRI PATTABHI RAMAN, ADVOCATE FOR R1, R5, R7, R9, R10, R12, R21, AND R25 TO R29, V/O/DT 7.01.2013 R11 AND R14 TO R20 DELETED R13, R23, R24 AND R6(A) NOTICE SERVED, V/O/DT 30.01.2018 APPEAL DISMISSED AS AGAINST R8 AND R30, V/O/DT 30.01.2018 R22 DECEASED HAS NO LRS V/O/DT 22.07.2024 R6(B) CALLED OUT ABSENT) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.25.10.2006 PASSED IN R.A.NO.41/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KGF, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DT.3.1.2002 PASSED IN O.S.NO.336/89 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KGF. IN RSA NO. 235/2007 BETWEEN: SRI M SELVAKUMAR, S/O LATE V MUTHUPALLAI, AGED ABOUT 55 YEARS, R/O 71/1, B.M.ROAD, ASHOKNAGAR, K.G.F. ...APPELLANT (BY SRI S C VIJAY KUMAR, ADVOCATE) AND: 1. SMT RAJAMMAL, W/O PERUMAL, SINCE DEAD BY HER LR'S - 17 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 1(a) SRI RAJASHEKAR, S/O LATE RAJAMMAL, AGED ABOUT 56 YEARS, 1(b) SMT ESWARI, D/O LATE RAJAMMAL, BOTH ARE R/AT CHINTAMANI VILAS BUILDING, B.M.ROAD, ASHOKNAGAR, K.G.F - 563120. 2. R ADHINARAYAN, S/O SRI RANGASWAMY, AGED 58 YEARS, R/O 93,B.M.ROAD, ASHOKNAGAR, K.G.F. 3. B MAYADHEVI, W/O BAGMANI, AGED 48 YERAS, R/O 93/4, B.M.ROAD, ASHOKNAGAR, K.G.F. 4. SUNDARMURTHY, S/O RANGASWAMY, AGED 61 YEARS, PRINCIPAL, BHARATH NURSARY,MIDDL.SCHOOL CHINTHAMANI VILASBUILDING, PLUMMER ROAD,ASHOKNAGAR, K.G.R. THERESA DEAD BY LRS 5. P.K. KANIKARAJ, S/O LATE SMT THERESA, AGED 52 YEARS, 6. P G AMALARAJ, S/O LATE SMT THERESA, AGED 48 YEARS, 7. P G AMAL XAVIER, S/O LATE SMT THERESA, - 18 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS AGED 46 YEARS, V/O DTD 07.01.2013 IS DELETED. 8. P G GEORGE BASTIN, S/O LATE SMT THERESA, AGED 42 YEARS, 9. P G ARUL POOVANARAJ, S/O LATE SMT THERESA, AGED 46 YEARS, RESPONDENTS 5 TO 9 ARE R/O AT NO.145, KANEDY'S LANE, OORGUM K.G.F. RAGWAN BY HIS LRS 10. SMT SOLOCHANA, W/O RAGAWAN, AGED 55 YEARS, 11. MADHAN, S/O RAGAWAN, AGED 55 YEARS, 12. SARAVAN, S/O RAGAWAN, AGED 32 YEARS, 13. MANOGARAN, S/O RAGAWAN, AGED 31 YEARS, 14. ARUN, S/O RAGAWAN, AGED 28 YEARS, 15. VARUNA, S/O RAGAWAN, AGED 25 YEARS, - 19 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 16. KARUNA S/O RAGAWAN, AGED 22 YEARS, RESPONDENTS 10 TO 16 ARE R/O NO.60,PLUMMBER ROAD, ASHOK NAGAR, OORGUM,K.G.F. DELETED VIDE ORDER DT 07.01.2013 SMT RANIAMMAL, W/O LATE PERIMAL DEAD BY LRS 17. JAYAPAUL, S/O LATE RANIAMMAL AND PERIMAL, AGED 65 YERAS, R/AT NO.62, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 18. C RAJESWARI, C/O SRI MUTHUPILLAI, AGED 52 YEARS, R/O NO.93/1, ASHOKNAGAR, B.M.ROAD, K.G.F. 19. STELLA BAI, W/O SRI JAYAPRAGASAM, AGED 45 YEARS,R/O NO.89, 3RD LANE OORGAUM,POST K.G.F. 20. KARLICE, W/O APPELLANT AGED 50 YERAS, R/O 1369,PLUMMER ROAD, ASHOKNAGAR K.G.F. 21. NAVAMANI, AGED 52 YEASR, R/O 1368,PLUMMER ROAD, ASHOKNAGAR K.G.F. - 20 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 22. P V SUKUMARAN, S/O P P VELAYUDHAN, AGED 55 YEARS, R/O APPLAM WORKS, PLUMMER ROAD, ASHOK NAGAR,K.G.F. 23. SRI M LOGANATHAN, S/O P MARIAGED 50 YERAS, R/O GUNDULSHETTY STREET, B.M.ROAD, ASHOKNAGAR,K.G.F. BANGARPET TQ.,KOLAR DISTRICT. SOROJINI W/O AYYAPPAN DEAD BY LRS 24. KOMALAVALLI, W/O SUKUMARN, D/O LATE SOROJINI, AGED 50 YEARS, R/O OLD NO.60,NEW NO. 1368, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 25. RADHA KARISHNA, S/O LATE LAT SOROJINI, AGED 40 YEARS,R/O OLD NO.60, NEW NO. 1368, PLUMMER ROAD, ASHOKNAGAR, K.G.F. 26. BALAN, S/O LATE SOROJINI, AGED 38 YEARS, R/O OLD NO.60,NEW NO. 1368, PLUMMER ROAD,ASHOKNAGAR, K.G.F. 27. SAHSHIDHARAN, S/O LATE SOROJINI, AGED 35 YEARS,R/O OLD NO.60, NEW NO. 1368, PLUMMER ROAD, ASHOKNAGAR, K.G.F. - 21 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 28. VISHWANATH, S/O LATE SOROJINI, AGED 30 YEARS, R/O OLD NO.60,NEW NO. 1368, PLUMMER ROAD,ASHOKNAGAR, K.G.F. ...RESPONDENTS (BY SRI C PATTABHI RAMAN, ADVOCATE FOR R2, R5, R6, R8, R17 AND R20 TO R28, R4 - NOTICE SERVED, R9, R19 R1(A) - NOTICER SERVED V/O/DT 07.01.2013, R7 & R10 TO R16 -DELETED, V/O/DT 30.01.2018 APPEAL DISMISSED AS AGAINST R3, V/O/DT 30.01.2018 R18 IS DECEASED HAS NO LRS V/O/DT 22.07.224 R1(B) CALLED OUT ABSENT) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.25.10.2006 PASSED IN R.A.NO.45/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KGF, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DT.3.1.2002 PASSED IN O.S.NO.336/89 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KGF. IN RSA NO. 236/2007 BETWEEN: SRI M SELVAKUMAR S/O LATE V MUTHUPALLAIAGED ABOUT 55 YEASR/O 71/1, B.M ROADASHOKNAGAR,K.G.F. ...APPELLANT (BY SRI S C VIJAY KUMAR, ADVOCATE) AND: 1. SMT RAJAMMAL, W/O PERUMAL, - 22 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS SINCE DEAD BY HER LR'S 1(a) SRI RAJASHEKAR, S/O LATE RAJAMMAL, AGED ABOUT 56 YEARS, 1(b) SMT ESWARI, D/O LATE RAJAMMAL, BOTH ARE R/AT CHINTAMANI VILAS BUILDING, B.M.ROAD, ASHOKNAGAR, K.G.F - 563120. 2. R ADHINARAYAN, S/O SRI RANGASWAMY, AGED 58 YEARS, R/O 93,B.M.ROAD, ASHOKNAGAR, K.G.F. 3. B MAYADHEVI, W/O BAGMANI, AGED 48 YERAS, R/O 93/4, B.M.ROAD, ASHOKNAGAR, K.G.F. THERESA DEAD BY LRS 4. P.K. KANIKARAJ, S/O LATE SMT THERESA, AGED 52 YEARS, 5. P G AMALARAJ, S/O LATE SMT THERESA, AGED 48 YEARS, 6. P G AMAL XAVIER, S/O LATE SMT THERESA, AGED 46 YEARS, V/O DTD 07.01.2013 IS DELETED. 7. P G GEORGE BASTIN, - 23 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS S/O LATE SMT THERESA, AGED 42 YEARS, 8. P G ARUL POOVANARAJ, S/O LATE SMT THERESA, AGED 46 YEARS, RESPONDENTS 4 TO 8 ARE R/O AT NO.145, KANEDY'S LANE, OORGUM K.G.F. RAGWAN BY HIS LRS 9. SMT SOLOCHANA, W/O RAGAWAN, AGED 55 YEARS, 10. MADHAN, S/O RAGAWAN, AGED 55 YEARS, 11. SARAVAN, S/O RAGAWAN, AGED 32 YEARS, 12. MANOGARAN, S/O RAGAWAN, AGED 31 YEARS, 13. ARUN, S/O RAGAWAN, AGED 28 YEARS, 14. VARUNA, S/O RAGAWAN, AGED 25 YEARS, 15. KARUNA S/O RAGAWAN, AGED 22 YEARS, - 24 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS RESPONDENTS 9 TO 15 ARE R/O NO.60,PLUMMBER ROAD, ASHOK NAGAR, OORGUM,K.G.F. DELETED VIDE ORDER DT 07.01.2013 SMT RANIAMMAL, W/O LATE PERIMAL DEAD BY LRS 16. JAYAPAUL, S/O LATE RANIAMMAL AND PERIMAL, AGED 65 YERAS, R/AT NO.62, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 17. C RAJESWARI, C/O SRI MUTHUPILLAI, AGED 52 YEARS, R/O NO.93/1, ASHOKNAGAR, B.M.ROAD, K.G.F. 18. SUNDARMURTHY, S/O RANGASWAMY, AGED ABOUT 61 YEARS, PRINCIPAL, BHARAT NURSERY MIDDLE SCHOOL, CHINTHAMANI VILAS BUILDING, PLUMMER ROAD, ASHOK ROAD, K.G.F. 19. M VENU, S/O MURGESH AGE: 61 YEARSR/O 1369, PLUMMER ROAD, ASHOK NAGAR K.G.F. 20. STELLA BAI, W/O SRI JAYAPRAGASAM, AGE: 45 YEARS R/O NO 89, 3RD LANE, - 25 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS OORGAUM POST, K.G.F. 21. KARLICE, W/O APPELLANT, AGE: 50 YEARS, R/O 1369,PLUMMER ROAD, ASHOK NAGAR, K.G.F. 22. NAVAMANI, AGE: 52 YEARS, R/O 1368,PLUMMER ROAD, ASHOK NAGAR, K.G.F. 23. P V SUKUMARN, S/O P P VELAYUDHAN, AGE: 55 YEARS, R/O APPLAM WORKS, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 24. SRI M LOGANATHAN, S/O P MARI AGE: 50 YEARS, R/O GUNDUSHETTY STREET, B.M ROAD, ASHOKNAGAR, K.G.F. BANGARPET TALUK, KOLAR DISTRICT. SOROJINI W/O AYYAPAN DEAD BY LRS 25. KOMALAVALLI, W/O SUKUMARN D/O LATE SOROJINI AGE: 50 YEARS 26. RADHA KRISHNA, S/O LATE SOROJINI, AGE: 40 YEARS, 27. BALAN, S/O LATE SOROJINI, AGE: 38 YEARS, - 26 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 28. SHASHIDHARAN, S/O LATE SOROJINI, AGE: 35 YEARS 29. VISHWANATH, S/O LATE SOROJINI, AGE: 30 YEARS, RESPONDENTS NO.25 TO 29 R/O AT OLD NO 60,NEW NO 1368, PLUMMER ROAD, ASHOK NAGAR, K.G.F. ...RESPONDENTS (BY SRI C PATTABHI RAMAN, BY PR AND PR ASSTS, ADV. FOR R2, R4, R5, R7, R16, R19, R21 TO R29, V/O/DT 07.1.2013, R6 & R9 TO R15 ARE DELETED, R8, R20 ARE SERVED, SRI M. A GEORGE, ADVOATE FOR R18, SRI T SRINIVASAN, ADVOCATE FOR C/R23, V/O/DT 30.01.2018, APPEAL DISMISSED AS AGAINST R3, V/O/DT 30.01.2018, R17 IS DECEASED HAS NO LRS, V/O/DT 22.07.2024, R1(B) CALLED OUT ABSENT) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.25.10.2006 PASSED IN R.A.NO.76/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KGF, DISMISSING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DT.3.1.2002 PASSED IN O.S.NO.336/89 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KGF. IN RSA NO. 237/2007 BETWEEN: SRI M SELVAKUMAR, S/O LATE V MUTHUPALLAI, AGED ABOUT 55 YRS, R/O 71/1, B M ROAD, ASHOK NAGAR KGF, KOLAR DISTRICT. ...APPELLANT - 27 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS (BY SRI S C VIJAY KUMAR, ADVOCATE) AND: 1. JAYAPAUL, S/O LATE RANIAMMAL AND PERIMAL, AGED ABOUT 62 YEARS, NO.62, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 2. SMT RAJAMMAL, W/O PERUMAL, SINCE DEAD BY HER LR'S 2(a) SRI RAJASHEKAR, S/O LATE RAJAMMAL, AGED ABOUT 56 YEARS, 2(b) SMT ESWARI, D/O LATE RAJAMMAL, BOTH ARE R/AT CHINTAMANI VILAS BUILDING, B.M.ROAD, ASHOKNAGAR, K.G.F - 563120. 3. R ADHINARAYAN, S/O SRI RANGASWAMY, AGED 58 YEARS, R/O 93,B.M.ROAD, ASHOKNAGAR, K.G.F. 4. B MAYADHEVI, W/O BAGMANI, AGED 48 YERAS, R/O 93/4, B.M.ROAD, ASHOKNAGAR, K.G.F. THERESA DEAD BY LRS 5. P.K. KANIKARAJ, S/O LATE SMT THERESA, - 28 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS AGED 52 YEARS, 6. P G AMALARAJ, S/O LATE SMT THERESA, AGED 48 YEARS, 7. P G AMAL XAVIER, S/O LATE SMT THERESA, AGED 46 YEARS, V/O DTD 07.01.2013 IS DELETED. 8. P G GEORGE BASTIN, S/O LATE SMT THERESA, AGED 42 YEARS, 9. P G ARUL POOVANARAJ, S/O LATE SMT THERESA, AGED 46 YEARS, RESPONDENTS 5 TO 9 ARE R/O AT NO.145, KANEDY'S LANE, OORGUM K.G.F. RAGWAN BY HIS LR'S 10. SMT SOLOCHANA, W/O RAGAWAN, AGED 55 YEARS, 11. MADHAN, S/O RAGAWAN, AGED 55 YEARS, 12. SARAVAN, S/O RAGAWAN, AGED 32 YEARS, 13. MANOGARAN, S/O RAGAWAN, AGED 31 YEARS, - 29 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 14. ARUN, S/O RAGAWAN, AGED 28 YEARS, 15. VARUNA, S/O RAGAWAN, AGED 25 YEARS, 16. KARUNA S/O RAGAWAN, AGED 22 YEARS, RESPONDENTS 10 TO 16 ARE R/O NO.60,PLUMMBER ROAD, ASHOK NAGAR, OORGUM,K.G.F. DELETED VIDE ORDER DT 07.01.2013 17. M VENU, S/O MURGESH, AGED ABOUT 61 YEARS, R/O 1369, PLUMMER ROAD, ASHOK NAGAR, KGF 18. C RAJESWARI, C/O SRI MUTHUPILLAI, AGED 52 YEARS, R/O NO.93/1, ASHOKNAGAR, B.M.ROAD, K.G.F. 19. SUNDARMURTHY, S/O RANGASWAMY, AGED ABOUT 61 YEARS, PRINCIPAL, BHARAT NURSERY MIDDLE SCHOOL, CHINTHAMANI VILAS BUILDING, PLUMMER ROAD, ASHOK ROAD, K.G.F. 20. STELLA BAI, W/O SRI JAYAPRAGASAM, AGE: 45 YEARS - 30 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS R/O NO 89, 3RD LANE, OORGAUM POST, K.G.F. 21. KARLICE, W/O APPELLANT, AGE: 50 YEARS, R/O 1369,PLUMMER ROAD, ASHOK NAGAR, K.G.F. 22. NAVAMANI, AGE: 52 YEARS, R/O 1368,PLUMMER ROAD, ASHOK NAGAR, K.G.F. 23. P V SUKUMARN, S/O P P VELAYUDHAN, AGE: 55 YEARS, R/O APPLAM WORKS, PLUMMER ROAD, ASHOK NAGAR, K.G.F. 24. SRI M LOGANATHAN, S/O P MARI AGE: 50 YEARS, R/O GUNDUSHETTY STREET, B.M ROAD, ASHOKNAGAR, K.G.F. BANGARPET TALUK, KOLAR DISTRICT. SOROJINI W/O AYYAPAN DEAD BY LRS 25. KOMALAVALLI, W/O SUKUMARN D/O LATE SOROJINI AGE: 50 YEARS 26. RADHA KRISHNA, S/O LATE SOROJINI, AGE: 40 YEARS, 27. BALAN, S/O LATE SOROJINI, AGE: 38 YEARS, - 31 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 28. SHASHIDHARAN, S/O LATE SOROJINI, AGE: 35 YEARS 29. VISHWANATH, S/O LATE SOROJINI, AGE: 30 YEARS, RESPONDENTS NO.25 TO 29 R/O AT OLD NO 60,NEW NO 1368, PLUMMER ROAD, ASHOK NAGAR, K.G.F. ...RESPONDENTS (BY SRI PATTABHI RAMAN, ADVOCATE FOR R1, R3, R5, R6, R8, R17 AND R21 TO R29 AND R2(A), V/O/DT 07.01.2013 R7 AND R10 TO R16 ARE DELETED, R9, R19, R20 - NOTICE SERVED, V/O/DT 30.01.2018 APPEAL DISMISSED AS AGAINST R4, V/O/DT 30.01.2018, R18 IS DECEASED HAS NO LR'S V/O/DT 22.07.2024, R2(B) CALLED OUT ABSENT THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.25.10.2006 PASSED IN R.A.NO.42/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), KGF, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DT.3.1.2002 PASSED IN O.S.NO.336/89 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN), KGF. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 32 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS ORAL JUDGMENT These appeals are by the plaintiff. The suit for declaration, partition and separate possession was decreed in part. 2. Against the said decree, plaintiff had filed First Appeal and some of the defendants also filed appeal before the First Appellate Court. All the appeals R.A. Nos.38/2002, 40/2002, 41/2002, 42/2002, 45/2002 and 76/2002 were disposed of by a common judgment and decree passed by the First Appellate Court. It is relevant to mention that R.A. No.76/2002 is filed by the plaintiff. 3. In terms of the judgment and decree in the aforementioned First Appeals, the First Appellate Court allowed the appeals filed by the defendants and dismissed the appeal filed by the plaintiff. Consequently, the suit came to be dismissed. Hence, the present Second Appeal. - 33 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 4. This Court vide order dated 18.07.2008, the appeal has admitted to consider the following substantial questions of law: (i) Whether the Appellate Court was justified in allowing the appeal holding that first defendant has exclusive right to alienate the suit schedule properties when admittedly the documents / title deeds in the name of the plaintiff’s mother Chinthamaniyammal? (ii) Whether in the facts and circumstances of the case, Appellate Court was justified in dismissing the suit holding that the alienation made by the first defendant is binding on the plaintiff? 5. Learned counsel appearing for the plaintiff taking through the pleadings and the facts of the case would submit that the plaintiff is the son of defendant No.1. Defendants No.2 to 7 and 9 to 16 are the purchasers and defendant No.8 is the second wife of defendant No.1. The plaintiff’s mother Chinthamaniyammal is the first wife - 34 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS of defendant No.1 died in the year 1973. These facts are not in dispute. 6. The plaintiff filed a suit on the premise that the suit schedule properties belonged to his mother Chinthamaniyammal who died in the year 1973. Thus, he claims that he inherited ½ share and defendant No.1 inherited ½ share. Alleging alienation of the property without the consent and knowledge of the plaintiff, the suit is filed for partition and separate possession and also for declaration. 7. Defendant No.1 contested the suit by filing written statement but did not participate in further proceeding. Defendants No.2 to 9 filed written statement and did not participate in the trial. Defendants No.9 to 16 filed written statement and contested the suit. 8. The Trial court came to the conclusion that the suit properties originally belonged to Chinthamaniyammal- the plaintiff’s mother. However, decreed the suit in part - 35 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS holding that in respect of the properties sold to defendants No.12 to 14, the suit is not maintainable as the plaintiff has signed the sale deed as a witness to the sale deed executed by defendant No.1. The suit is decreed granting ½ share in respect of remaining properties. 9. Aggrieved by the decree dismissing the suit in respect of the properties sold to defendants No.12 to 14, plaintiff filed R.A.No.76/2002. Aggrieved by the remaining part of the decree granting partition, some of the defendants filed the appeal as mentioned above. The First Appellate Court came to the conclusion that the plaintiff had taken the property under the registered gift deed from defendant No.1- father and as such he is not entitled to share. 10. Learned counsel appearing for the plaintiff would further contend that the fact that property belonged to his mother Chinthamaniyammal is established by producing revenue records and no rebuttal evidence is led - 36 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS to substantiate the contention of defendants. Though defendant No.1 filed written statement did not contest the matter by participating in the trial. Remaining defendants namely defendants No.2 to 8 though filed written statement did not lead evidence and contest the matter. The First Appellate Court has recorded a finding that defendants are not the bonafide purchasers of the suit schedule property and the legal necessity pleaded by the defendants is not established. Thus, he would contend that the finding of the First Appellate Court that the plaintiff is not entitled to partition, separate possession because of gift deed in favour of the plaintiff by defendant No.1 is untenable. 11. It is his further submission that the application filed by the defendants/appellants before First Appellate Court seeking leave of the Court to produce additional document is rejected by the First Appellate Court wherein the defendants tried to produce the agreement in favour of the plaintiff by defendant No.1 in respect of the property - 37 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS gifted and that document is of no consequence and the First Appellate Court could not have set aside the decree in respect of the properties which are sold without the consent and knowledge of the plaintiff. 12. 12. Learned counsel for the appellants would submit that this finding is erroneous inasmuch as the defendant No.1 who was required to lead evidence to show that the properties purchased by him belonged to his vendor did not lead any evidence though he filed the written statement. 13. Exhibit P1, P2 and P3 are the sale deeds in the name of the plaintiff's mother. Then execution of the sale deed in the name of the plaintiff's mother is very much established and hardly there is any dispute. 14. The Exhibit P17 and Exhibit P18 are the records relating to the property extracts maintained by the Town Municipal Council, K.G.F. Encumbrance Certificates - 38 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS pertaining to the properties are also produced and they are in the names of purchasers. 15. The First Appellate Court has taken a view that plaintiff's mother's title is not established for want of evidence by the plaintiff to hold that plaintiff's mother had independent source of income. The First Appellate Court concluded that the plaintiff was aged 5 years when the property was purchased in the name of the plaintiff, as such the property which were in the name of the plaintiff's mother, cannot be held to be her property without the evidence of independent witness to establish that his mother had independent source of income. 16. It is well settled position of law that the property standing in the name of a person is presumed to be the self-acquired property, unless proved otherwise. Since the sale deed is in the name of plaintiff's mother, those properties are presumed to be the self-acquired properties. Of course, the presumption is rebuttable. - 39 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS However, from the records it is noticed that no rebuttal evidence is led to hold that the properties were purchased benami in the name of plaintiff's mother by plaintiff's father. It is also noticed that there is no such defense that the transaction was a benami transaction in the name of the plaintiff's mother. Under these circumstances, the First Appellate Court committed an error in holding that the properties are exclusive properties of Muthuswami, the plaintiff's father though there was no such evidence by Muthuswami, the plaintiff's father. 17. As far as the plea of limitation is concerned, it is to be noticed that the suit is one for declaration, partition and separate possession. Though the sale deeds have been executed by defendant No.1, the plaintiff is not party to the transactions. Under these circumstances, unless the defendants are able to establish adverse possession, the suit cannot be dismissed on the plea of limitation. No such evidence is led. - 40 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS 18. As far as the contention relating to the decree in respect of properties sold to defendants No.12 to 14 is concerned, Trial Court has rightly dismissed the suit on the ground that the plaintiff is a signatory as a witness to the said sale deed. Thus, the plaintiff cannot claim share in the said properties which have been sold with the knowledge of the plaintiff. Hence, the substantial question of law framed above are answered in favour of plaintiff/appellant. 19. Hence, the following: ORDER (i) Appeals are allowed in part. (ii) The judgment and decree dated 25.10.2006 in R.As.No.38/2002, 40/2002, 41/2002, 42/2002, 45/2002 & 76/2002 on the file of Civil Judge (Senior Division) at K.G.F. are set-aside in part. - 41 - HC-KAR NC: 2025:KHC:25986 RSA No. 232 of 2007 C/W RSA No. 233 of 2007 RSA No. 234 of 2007 AND 3 OTHERS (iii) The judgment and decree dated 03.01.2002 in O.S. No.336/1989 on the file of II Additional Civil Judge, Junior Division at K.G.F are modified and suit of the plaintiff is decreed in part awarding half share in all properties except items No.8, 10 & 11 said to have been sold to defendants No.12, 13 and 14. (iv) Pending applications if any, do not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP/CHS List No.: 1 Sl No.: 107