- 1 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1254 OF 2017 BETWEEN: 1. SRI VENKATESHAPPA S/O LATE SUBBANNA AGED ABOU T 60 YEARS 2. SMT RATHNAMMA D/O LATE SUBBANNA AGED ABOUT 55 YEARS 3. SRI SEENAPPA S/O LATE SUBBANNA AGED ABOUT 50 YEARS 4. SMT SARASWATHAMMA S/O LATE SUBBANNA AGED ABOUT 47 YEARS 5. SMT CHANDRAPPA S/O LATE SUBBANNA AGED ABOUT 45 YEARS 6. SRI VENKATARAMAPPA S/O LATE SUBBANNA AGED ABOUT 45 YEARS 7. SRI RAMAPPA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 S/O LATE BYRAPPA AGED ABOUT 75 YEARS ALL ARE RESIDING AT VITTAPANAHALLI VILLAGE SHANABOGANHALLI POST KOLAR TALUK - 563 103 …APPELLANTS (BY SMT. SUNANDA SARKAR, ADVOCATE FOR SRI. RAHUL S REDDY, ADVOCATE) AND: 1. SMT KAMALAMMA W/O LATE RAMAPPA AGED ABOUT 56 YEARS 2. SMT SHOBAMMA D/O LATE RAMAPPA W/O KRISHNAMURTHY AGED ABOUT 36 YEARS 3. SRI SOMASHEKAR S/O LATE RAMAPPA AGED ABOUT 30 YEARS 4. SRI JAGADESH S/O LATE RAMAPPA AGED ABOUT 28 YEARS 5. SMT LAKSHMIDEVI S/O LATE RAMAPPA W/O NARAYANAPPA AGED ABOUT 35 YEARS RESPONDENT NOS. 1 TO 5 R/AT M. AGRAHARA VILLAGE HANUMANAHALLI POST MULBAGIL TALUK KOLAR DISTRICT - 563 131 - 3 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 6. SMT NARAYANAMMA W/O LATE DYVAPPA AGED ABOUT 68 YEARS 7. SMT SARASWATHAMMA D/O LATE DYVAPPA AGED ABOUT 65 YEARS RESPONDENTS NO.6 & 7 R/AT SIDDANHALLI VILLAGE BANGARPET TALUK KOLAR DISTRICT - 563 115 8. SMT ESHWARAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 48 YEARS 9. SMT SHOBHA D/O LATE VENKATARAMANAPPA AGED ABOUT 48 YEARS 10. SMT SAKAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 45 YEARS 11. SMT GOWRAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 43 YEARS 12. SMT BHAGYAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 41 YEARS RESPONDENTS NO.8 TO 12 ARE R/AT VITTAPANAHALLI VILALGE SHANABOGANHALLI POST KOLAR TALUK - 563 103 13. SRI KRISHNAPPA @ KITTAPPA S/O LATE HANUMAPPA AGED ABOUT 75 YEARS - 4 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 R/AT VITTAPANAHALLI VILLAGE SHANUBHOGANAHALLI VILLAGE KOLAR TALUK - 563103 14. SMT LAKSHMAKKA W/O LATE NAREPPA AGED ABOUT 70 YEARS 15. SMT SHANTHAMMA D/O LATE NAREPPA AGED ABOUT 50 YEARS 16. SRI HANUMANTHARAYA S/O LATE NAREPPA AGED ABOUT 48 YEARS 17. SMT SUBADHRA D/O LATE NAREPPA AGED ABOUT 45 YEARS 18. SRI DEVARAJU S/O LATE NAREPPA AGED ABOUT 43 YEARS RESPONDENTS NOS 13 TO 18 R/A VITTAPANAHALLI VILLAGE, SHANABOGANAHALLI POST, KOLAR TALUK-563 103. 19. A. B. SRI MUNISHAMAPPA SINCE DEAD BY HIS LR'S SMT. LAKSHMAMMA W/O LATE MINISHAMAPPA AGED ABOUT 72 YEARS SMT. SUNANDA D/O LATE MUNISHAMAPPA W/O SRINIVAS AGED ABOUT 50 YEARS - 5 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 C. D. E. F. G. SRI MANJUNATHA S/O LATE MUNISHAMAPPA AGED ABOUT 48 YEARS SMT MANI D/O LATE MUNISHAMAPPA W/O RAMESH AGED ABOUT 45 YEARS SMT SHASHIKALA D/O LATE MINISHAMAPPA W/O PRAKASH AGED ABOUT 43 YEARS SMT HAMSAVENI D/O LATE MINISHAMAPPA W/O NARAYANSWAMY AGED ABUT 40 YEARS SRI ANANTHA REDDY S/O LATE MUNISHAMAPPA AGED ABOUT 38 YEARS THE RESPONDENTS NO.19(A) TO 19(G) R/AT VITTAPANAHALLI VILLAGE SHANABOGANHALLI POST KOLAR TALUK - 563 103 …RESPONDENTS (BY SRI. M. ERAPPA REDDY, ADVOCATE FOR R1 T R5, SRI. T. SUNIL, ADVOCATE FOR R7, SMT. SUSHEELA T.S, ADVOCATE FOR R19(A TO G), R6, R13, R14, R8, R9, R10, R11, R2, R15, R16, R17, R18-SERVED AND UNREPRESENTED VIDE ORDER DATED 08.07.2024 R19 IS TREATED AS LR OF DECEASED R13 VIDE ORDER DATED 08.07.2024 R9, R11 & R12 ARE TREATED AS LR'S OF DECEASED AS R10) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.4.2017 PASSED IN OS - 6 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 NO.46/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, KOLAR, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Ms. Sunanda Sarkar, learned counsel for appellants/defendants, who has argued the appeal brilliantly and Mr. Erappa Reddy, learned counsel for respondents/plaintiffs, who has responded with equal brilliance. 2. One Muniyappa had constituted Hindu Undivided Joint Family consisting of his four sons namely Byrappa, Munishamappa, Hanumappa and Narayanappa. 3. The elder son of Muniyappa i.e., Byrappa had three sons namely Subanna, Dyavappa and Ramappa. Defendant Nos.1 to 6 are the legal heirs of Subanna. Defendant Nos.7 and 8 are the legal heirs of Dyavappa. - 7 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 4. The second son of Muniyappa i.e., Munishamappa had died issueless. 5. The third son of Muniyappa i.e., Hanumappa had four children namely Venkataramappa, Krishnappa @ Kittappa (defendant No.15), Nareppa and Munishamappa (defendant No.21). The elder son of Hanumappa i.e., Venkatramappa had two wives. Through first wife Gowramma, he had two daughters namely Eshwaramma (defendant No.10) and Shobha (defendant No.11). Through second wife Sakamma (defendant No.12) had two daughters namely Gowramma (defendant No.13) and Bhagyamma (defendant No.14). The third son of Hanumappa i.e., Nareppa had four children through his wife Lakshmakka (defendant No.16) namely Shantamma (defendant No.17), Hanumantharaya (defendant No.18), Subhadra (defendant No.19) and Devaraj (defendant No.20). 6. The fourth son of Muniyappa i.e., Narayanappa had one son namely Ramappa. His legal heirs i.e., his wife Kamalamma and children are the plaintiffs. - 8 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 7. It is the case of the plaintiffs that after the death of Muniyappa, his elder son Byrappa, was acting as kartha of the family and after the death of Byrappa, his second son Dyavappa was acting as kartha of the joint family and the joint family acquired the properties out of joint family income and the joint family also acquired some of the properties under Inams Abolition Act as they were cultivating the same since the life time of Muniyappa. As there was no partition of the joint family properties, the plaintiffs approached the defendants for partition. However, the defendants without partitioning the properties, were negotiating with third parties to alienate the suit schedule properties. As such, the plaintiffs filed the suit seeking 1/4th share in the suit schedule properties. 8. On careful perusal of the pleadings and the evidence adduced before the Trial Court, the Trial Court has recorded the findings that since out of four sons of Muniyappa, the second son i.e., Munishamappa and his wife had died issueless, the family properties have to be equally divided among the other children of Muniyappa namely Byrappa, Hanumappa and Narayanappa. As the plaintiffs, represent the - 9 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 branch of Narayanappa, they were entitled to 1/3rd share in the suit schedule properties i.e., item Nos.1 to 28, however, rejected the claim of plaintiffs in respect of item No.29 and accordingly decreed the suit. 9. Aggrieved by the said judgment and decree, the defendants are before this Court. 10. The only issue involved in this appeal is - whether the Trial Court could have granted 1/3rd share to the plaintiffs though they claimed 1/4th share only. 11. The suit was not contested by the defendants. Even if it was not contested, the Trial Court could not have granted the relief which was not sought for and therefore, we are of the view that the plaintiffs, who are respondent Nos.1 to 5 are entitled only for 1/4th share of the joint properties of Late Muniyappa. 12. Learned counsel for the plaintiffs/respondent Nos.1 to 5 also admits that plaintiffs have filed the suit only for 1/4th share and they are entitled for 1/4th share of the estate of Late Muniyappa. - 10 - HC-KAR NC: 2025:KHC:41643-DB RFA No. 1254 of 2017 13. Thus, we modify the judgment and decree to that extent and we hold that respondent Nos.1 to 5, who are the plaintiffs in the suit, are entitled only for 1/4th share of Late Muniyappa. The impugned judgment and decree is accordingly modified. Prepare the modified decree accordingly. Pending Interlocutory Applications, if any, shall stand disposed of. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 7