- 1 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1498 OF 2017 (PAR) BETWEEN: 1. SMT LATHA W/O RAMAMMAURTHY, R/AT NO.45/4, 2ND MAIN, MATHIKERE NEAR ESWARA TEMPLE BANGALORE 560054. …APPELLANT (BY SRI. K.ANANDARAMA., ADVOCATE) AND: 1. SMT SUBBALAKSHMI W/OS LATE ANJANAMURTHY AGED ABOUT 61 YEARS, 2. SRI. ASHOK KUMAR S/O LATE ANJANAMURTHY AGED ABOUT 37 YEARS, 3. A. ARAVIND KUAMAR S/O LATE ANJANAMURTHY AGED ABOUT 35 YEARS, 4. A. RAMYA D/O LATE ANJANAMURTHY AGED ABOUT 33 YEARS, R-1 TO 4 ARE RESIDING AT NO.24 LOTTEGOLLAHALLI, RMV 2ND STAGE, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 BANGALORE 560094. 5. SMT. A. PRAMILA W/O B. SURESH, MAJOR NO.45, 8TH CROSS, MALLESWARAM, BANGALORE 560003. 6. SMT. A. ANITHA W/O A. RAVI, AGED MAJOR, R/AT NO.24, LOTTEGOLLAHALLI, RMV 2ND STAGE, BANGALORE 560094. 7. M/S ANRIYA PROJECTS MANAGEMENT SERVICES PVT LTD. NO.42, 1ST FLOOR, 80 FEET ROAD, RMV II STAGE, BANGALORE 560 094 REPRESENTED BY ITS MANAGING DIRECTOR 8. MR. MALLIKARJUN DIRECTOR (MARKETING) RAKSHA GROUP, NO.42, 3RD FLOOR, R.R. PLAZAA, 3RD CROSS, 8TH MAIN VASANTHNAGAR, BANGALORE 560 052. 9. MR. KARTHIK S.P SENIOR MARKETING EXECUTIVE SUPRA CONSTANTS, AN ASSOCIATE OF STANDARD CHARTERED MONEY POINT, UNIT NO.304, II FLOOR, NO.59, K.H. ROAD, BANGALORE 560 027. 10. SRI. LASHOK G GURGANANI S/O LATE B. GULAB RAI MAJOR NO.2, 1ST FLOOR, 2ND CROSS, NEHRU NAGAR, BANGALORE 560 020. - 3 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 11. SMT. A. MANJULA W/O G.A. BALAKRISHNA MAJOR R/AT NO.74/2/B, 2ND MAIN,6TH CROSS, BAHUBALI NAGAR, BANGALORE 560 013. …RESPONDENTS (BY SRI. CHITHAPPA, ADVOCATE FOR R1 TO R6; SRI. RAMESHA H.E., FOR R-7; R-10- ASHOK G DARGANANAI SERVED; R-11- A MANJULA SERVED; VIDE ORDER DATED:20.09.2019, SERVICE OF NOTICE TO R-8 & R-9 IS HELD SUFFICIENT; R8-MALLIKARJUN, R9-KARTHIK.S.P) THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND SECTION 96 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED:22.09.2016 PASSED IN OS.NO.223/2001 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND PERMANENT INJUNCTION. 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 MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed under Section 96 of the CPC impugning the judgment and order passed in O.S.No.223/2001 on the file of 1st Additional City Civil and Sessions Judge, Bengaluru City. The dispute is in respect of two parcels of land of one Anjanamurthy S/o Lt. Munishamappa. A family/genealogy tree of Lt. Munishamappa is given as under: Smt.S.Subbalakshmi (2nd wife) Def.No.1 Late Smt Komala (1st wife) Smt.Pramila (Def.5) Smt.Latha (Plaintiff 1) Late Munishamappa Smt.Anitha (Def 6) Smt.Manjula (Plaintiff 2) Ashok kumar (Def.No.2) Arvind Kumar (Def.No.3) Kum.Ramya (Def.No.4) Late Anjanamurthy - 5 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 2. The land in Sy.Nos.2/1 and 2/2 measuring to an extent of 8 acres 9 guntas and in Sy.Nos.2/3A and 2/4 measuring to an extent of 2 acres 8 guntas is situated in Lottegolaahalli Village, Kasaba Hobli, Bangalore North Taluk. Thus, the total land would be 10 acres 16 guntas. This 10 acres 16 guntas land was the subject matter of acquisition proceedings by the Bengaluru Development Authority. However, as a result of litigation, some portion of the land was released from the acquisition proceedings. The partition suit came to be filed by the two daughters of the first wife of Lt. Anjanamurthy i.e.,Smt. Latha - Plaintiff No.1 and Smt. Manjula/Plaintiff No.2. Whereas the two other daughters Smt. Pramila and Smt. Anitha did not join the plaintiffs in instituting the suit and therefore, they were arrayed as defendant Nos.5 and 6 in the suit along with Smt. Subbalakshmi, the second wife of Lt. Anjanamurthy and her two sons and one daughter. 3. The suit in essence was seeking a decree of partition of the land measuring 10 acres and 16 guntas in - 6 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 four survey numbers as mentioned above. The Trial Court dismissed the suit initially by judgment and decree dated 23.11.2010. However, this Court remanded the matter back to the Trial Court for framing additional issue regarding the oral partition. On remand, the Trial Court has framed the additional issues at paragraph 12 of the impugned judgment which would read as under: i. Whether the defendants prove that item Nos.1 & 2 of the suit schedule properties were partitioned as per the oral partition in the family as contended by the defendants? 5. The plaintiff herself in her cross examination in paragraph 18 had admitted that as a result of partition, 10485 sq. ft. land came to her share which she had sold. Therefore, the Trial Court has concluded that there was an oral partition on 10.02.1996. However, the defendant/ DW.2 in examination-in-chief had admitted that for remaining land, a joint venture agreement was entered into between the parties and defendant No.7 who is respondent No.7 herein, for development of the land into a - 7 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 residential complex and out of the said residential complex to be constructed by respondent No.7, 32% of the share was to be allotted to the land owners. The DW.2 had further admitted that as and when the 32% share would be delivered in the said project to the owners of the land, the plaintiffs would be entitled for their share out of the 32% share to be delivered by respondent No.7 in the project which is being developed in pursuance to the development Agreement, and their share would be given to them. 6. Learned counsel for respondent Nos.1 to 6 concedes that the appellant/plaintiffs would be entitled for 1/8th share each of the 32% of the project being developed by respondent No.7, as and when the 32% is delivered by respondent No.7. 7. Considering the aforesaid admissions by the parties, we confirm the finding that there was a oral partition. However, in respect of the remaining land on which the development is being carried out by respondent - 8 - HC-KAR NC: 2025:KHC:43468-DB RFA No. 1498 of 2017 No.7, the appellant-plaintiff would be entitled to 1/8th share out of 32% to be delivered by respondent No.7 in the project to the defendants. In view thereof, we modify the judgment and decree passed by the Trial Court and declare that each of the plaintiffs and defendant Nos.1 to 6 would be entitled for 1/8th share out of 32% of the project being developed by respondent No.7. With these observations, the appeal is disposed off. Draw the modified decree accordingly. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 15