- 1 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1108 OF 2021 (PAR/POS) C/W REGULAR FIRST APPEAL NO.347 OF 2022 (PAR) IN RFA NO.1108/2021 BETWEEN: SMT.NANJAMMANNAMMA D/O CHIKKAMADANAYAKA @ MADANAYAKA W/O PUTTAMADANAYAKA AGED ABOUT 78 YEARS R/AT AMBALE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571441 …APPELLANT (BY SRI.GOPALAKRISHNA MURTHY AND SMT.MANASA R, ADVOCATE) AND: 1. SMT.RAJAMMA W/O LATE NAGANAYAKA AGED ABOUT 66 YEARS R/AT BADANAGUPPE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571313 2. SRI.KALANAYAKA S/O LATE NAGANAYAKA Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 AGED ABOUT 36 YEARS R/AT BADANAGUPPE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571313 3. SRI.NAGENDRA S/O LATE NAGANAYAKA AGED ABOUT 34 YEARS R/AT BADANAGUPPE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571313 4. SRI.CHIKKAMADANAYAKA S/O CHIKKAMADANAYAKA @ MADANAYAKA AGED ABOUT 74 YEARS R/AT BADANAGUPPE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571313 5. SMT.SHASHIREKHA W/O SHIVANNA AGED ABOUT 72 YEARS R/AT BYADARAHALLI VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571313 …RESPONDENTS (BY SRI.KUMARA K G, ADVOCATE FOR R.1 TO R.3; R.4 - SERVED BUT UNREPRESENTED; SRI.THYAGARAJ M, ADVOCATE FOR R.5) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.01.2021 PASSED IN O.S. NO.122/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., CHAMARAJANAGARA, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. - 3 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 IN RFA NO.347/2022 BETWEEN: 1. SMT.RAJAMMA W/O LATE NAGANAYAKA AGED ABOUT 66 YEARS 2. SRI.KALANAYAKA S/O LATE NAGANAYAKA AGED ABOUT 36 YEARS 3. SRI.NAGENDRA S/O LATE NAGANAYAKA AGED ABOUT 34 YEARS ALL RESIDING AT BADANAGUPPE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT - 571313 ...APPELLANTS (BY SRI. KUMARA K G, ADVOCATE) AND: 1. SRI CHIKKAMADANAYAKA S/O LATE CHIKKAMADANAYAKA @ MADANAYAKA AGED ABOUT 75 YEARS RESIDING AT BADANAGUPPE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT - 571313 2. SMT.NANJAMANNAMMA D/O LATE CHIKKAMADANAYAKA @ MADANAYAKA W/O PUTTAMADANAYAKA - 4 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 AGED ABOUT 79 YEARS RESIDING AT AMBALE VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK - 571313 3. SMT.SHASHIREKHA W/O SHIVANNA AGED ABOUT 73 YEARS RESIDING AT SRI.SHAKTHI NILAYA BESIDE VARTHAKARA BHAVAN JODI ROAD CHAMARAJANAGAR TOWN - 571313 ...RESPONDENTS (BY SRI.GOPALAKRISHNAMURTHY C, ADVOCATE FOR R.2; SRI.THYAGARAJ M, ADVOCATE FOR R.3) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.01.2021 PASSED IN OS. NO.122/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., CHAMARAJANAGARA DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT These appeals are directed against the impugned judgment and decree dated 20.01.2021 passed in O.S.No.122/2015 by the - 5 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 Additional Senior Civil Judge and JMFC, Chamarajanagara, by which, suit of the plaintiffs was decreed. 2. Heard learned counsel for the parties and perused the materials on record. 3. A perusal of the material on record, would indicate that the one Smt.Puttaningamma - plaintiff No.1 and her son Naganayaka - plaintiff No.2 instituted a suit against three defendants namely Chikkamadanayaka, Nanjammannamma and Smt.Shashirekha for partition and separate possession of their legitimate share in the suit schedule properties and other reliefs. The said suit having been contested by the defendants, the Trial Court proceeded to pass the impugned judgment and decree in favour of the plaintiffs. 4. Aggrieved by the impugned judgment and decree, the appellant – defendant No.2 has preferred appeal in RFA No.1108/2021. Similarly, aggrieved by the impugned judgment and decree, the plaintiffs have also preferred connected RFA No.347/2022. - 6 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 5. Learned counsel appearing for the parties in both plaintiffs and defendants, who are the appellants in both appeals, jointly submit that the impugned judgment and decree passed by the Trial Court may be set-aside and the suit of the plaintiffs may be dismissed, reserving liberty in favour of the plaintiffs to avail appropriate remedy available under law. 6. In view of the joint submissions made by both sides, I deem it just and appropriate to dispose of the appeals, by setting aside the impugned judgment and decree, by reserving liberty in favour of the plaintiffs. 7. In the result, I pass the following; ORDER (i) Both appeals are disposed of. (ii) The impugned judgment and decree dated 20.01.2021 passed in O.S.No.122/2015 by the Additional Senior Civil Judge and JMFC, Chamarajanagara is hereby set-aside. (iii) The suit of the plaintiffs is hereby dismissed. - 7 - HC-KAR NC: 2025:KHC:42728 RFA No. 1108 of 2021 C/W RFA No. 347 of 2022 (iv) Liberty is reserved in favour of the plaintiffs to avail appropriate remedy available under law. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 2 Sl No.: 43