- 1 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1508 OF 2006 (PAR) C/W RFA CROSS OBJECTION NO. 33 OF 2008 IN RFA No. 1508/2006 BETWEEN: 1. SRI. PUTTARAMEGOWDA SINCE DEAD BY HIS LRS. 1(A). SMT. SUDHAMANI W/O LATE PUTTARAMEGOWDA 1(B). SRI. MANJUNATH H.P. S/O LATE PUTTARAMEGOWDA 1(C). SMT. SHALINI D/O LATE PUTTARAMEGOWDA 1(C). SMT. KUSUMA D/O LATE PUTTARAMEGOWDA ALL ARE R/O HARAVU VILLAGE AND POST, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 432. …APPELLANTS (BY SRI. YASHWANTH NETHAJI N.T, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 AND: 1. SMT. A. LALITHA W/O K SURYANARAYANA AGED 52 YEARS., S.K.42, NEW TOWN, BHADRAVATHI, SHIMOGA DISTRICT - 577 301. 2. SMT. VENKATAMMA W/O LATE SHIVAIAH AGED 84 YEARS, R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 434. 3. SM.T CHANDRAMATHI W/O NAGARAJEGOWDA S/O SAHAKUR CHANNEGOWDA AGED 57 YEARS, R/AT K.R. PET TOWN, MANDYA DISTICT - 571 401. …RESPONDENTS (BY SRI. P. MAHESHA, ADVOCATE FOR R1; R2 AND R3 IS SERVED AND UNREPRESENTED) THIS RFA IS FILED U/S.96 R/W O 41 R 5 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 1.4.2006 PASSED IN O.S.NO.26/98 ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN), SRIRANGAPATNA, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION WITH MESNE PROFITS. - 3 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 IN RFA.CROB NO. 33/2008 BETWEEN: S LALITHA W/O. K SURYANARAYANA AGED ABOUT 55 YEARS R/AT NO.12, ADARSHA LAYOUT KRISHNA TEMPLE ROAD GNANA JYOTHI NAGAR GNANA BHARATHI POST, BANGALORE - 56. ...CROSS OBJECTOR (BY SRI. P. MAHESHA, ADVOCATE) AND: 1. S. PUTTARAMEGOWDA SINCE DEAD BY HIS LEGAL REPRESENTATIVES'S 1(A). SMT. SUDHAMANI W/O LATE PUTTARAMEGOWDA MAJOR 1(B). SRI. MANJUNATH H.P. S/O LATE PUTTARAMEGOWDA AGED ABOUT 52 YEARS 1(C). SMT. SHALINI D/O LATE PUTTARAMEGOWDA AGED ABOUT MAJOR 1(C). SMT. KUSUMA D/O LATE PUTTARAMEGOWDA AGED MAJOR ALL ARE R/AT HARAVU VILLAGE, - 4 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 PANDAVAPURA TALUK, MANDYA DISTRICT - 571 432. 2. VENKATAMMA W/O LATE SHIVAIAH AGED ABOTU 86 YEARS C/O. C B SHIVAKUMAR, RESIDING IN THE HOUSE OF GOSEGOWDARA KRISHNEGOWDA, BEHIND BLOCK DEVELOPMENT OFFICER'S OFFICE, PANDAVAPURA TOWN - 571 420. 3. CHANDRAMATHI W/O. NAGARAJEGOWDA S/O. SHAAKUR CHAMMEGOWDA AGED ABOUT 57 YEARS, R/AT D NO.582, OLD MYSORE ROAD, OPP TO KASIMKHAN SAMUDAYA BHAVANA, K.R. PET TOWN, MANDYA DISTRICT - 571 426. ...RESPONDENTS (BY SRI. YASHWANTH NETHAJI N.Y, ADVOCATE FOR SRI. K.V. NARASIMAHAN, ADVOCATE FOR R1; R2 AND R3 IS SERVED AND UNREPRESENTED) THIS RFA.CROB IS FILED (IN RFA.1508/06) U/O 41 RULE 22 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 01.04.2006 PASSED IN OS.NO.26/1998 ON THE FILE OF THE ADDL.CIVIL JUDGE (SR.DN.) SRIRANGAPATNA, DECREEING THE SUIT FOR PARTITION AND SEPERATE POSSESSION AND CROSS OBJECTOR PRAYS TO MODIFY THE ABOVE JUDGMENT - 5 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 AND DECREE AND TO DECREE THE SUIT IN ITS ENTIRETY. THIS RFA AND RFA.CROB, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for respondent No.1 files a memo signed by respondent No.1 - Smt.S.Lalitha. 2. The present appeal was disposed of earlier by considered judgment dated 22.09.2022. However, a review petition came to be filed by respondent No.3 in RFA No.1508/2006 which came to be allowed by this Court by order dated 19.09.2025. Thereafter, the present appeal is taken up for further consideration. 3. Parties agree that the principles of law enunciated by the Hon'ble Apex Court in the case of Vineeta Sharma v. Rakesh Sharma reported in (2020) 9 SCC 1, would be applicable to the case on hand and accordingly, shares needs to be modified. - 6 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 4. However, respondent No.1 – Smt.S.Lalitha who is also a cross-objector, alone filed a memo to the effect as aforesaid and seeks modification of the order dated 22.09.2022. 5. Sri.Yashwanth Nethaji N. T., learned counsel representing Sri.K.V.Narasimhan, learned counsel submits that since Smt.Venkatamma, who is the mother of Smt.S.Lalitha, is no more, accepting the memo, suitable orders may be passed. 6. Taking note of the fact that Smt.Venkatamma is no more, by following the principles of law enunciated in the case of Vineeta Sharma v. Rakesh Sharma referred to supra, shares are to be modified by allotting 1/3rd share to the appellants and respondent Nos.1 and 3. 7. Hence, following: - 7 - HC-KAR NC: 2025:KHC:46129 RFA No. 1508 of 2006 C/W RFA.CROB No. 33 of 2008 ORDER i. Appeal stands disposed of. ii. Order dated 22.09.2022 is modified in terms of the memo filed by learned counsel for respondent No.1 in RFA Crob No.33/2008. iii. Office to pass modified decree in terms of the memo appending the copy of the memo as part of the decree. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 70