- 1 - HC-KAR NC: 2025:KHC:53427 RSA No. 274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 274 OF 2025 (PAR/INJ) BETWEEN: 1. SRI. VIJENDRA, S/O LATE SRI. SHIVAJI RAO, AGED ABOUT 51 YEARS, RESIDING AT SHIVAJI ROAD, BESIDES DEEPAK NILAYA, SHIVAMOGGA-577202. …APPELLANT (BY SRI. SAMMITH S., ADVOCATE) AND: 1. SRI. PRAVEEN, S/O LATE SRI. NAGARAJA, AGED ABOUT 39 YEARS, RESIDING AT SHIVAJI ROAD, BESIDES DEEPAK NILAYA, SHIVAMOGGA-577202. 2. SMT. GEETHABAI, W/O LATE SRI. NAGARAJA, AGED ABOUT 57 YEARS, TAILOR, RESIDING AT SHIVAJI ROAD, BESIDES DEEPAK NILAYA, SHIVAMOGGA-577202. 3. SMT. MUKTHA BAI, W/O LATE SRI. D. NARAYANA, AGED ABOUT 67 YEARS, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53427 RSA No. 274 of 2025 RESIDING AT BEHIND GOVERNMENT HIGHER PRIMARY SCHOOL, BASAVANAUGDI 1ST CROSS , SHIVAMOGGA-577201. 4. SMT. MEENAKSHI, W/O SRI. RAMAKRISHNA BAGARE, D/O OF LATE SRI. SHIVAJI RAO, AGED ABOUT 65 YEARS, RESIDING AT SRI RENUKA DEVI KRUPA, 4TH CROSS, 4TH MAIN, VINOBHANAGARA, OPPOSITE TO KODAPANA FACTORY, DAVANAGERE-577006. 5. SMT. S. MALA, W/O SRI. SRINVASA RAO, D/O LATE SRI. SHIVAJI RAO, AGED ABOUT 59 YEARS, RESIDING AT SHIVAJI ROAD, SIDDAIAH COMPOUND, SIDDAIAH ROAD, SHIVAMOGGA-577202. 6. SMT. MANJULA, W/O LATE SRI. ARUN MUDHAKAR, D/O LATE SRI. SHIVAJI RAO, AGED ABOUT 57 YEARS, RESIDING AT SUBASHNAGAR, 4TH CROSS, BHADRAVATHI-577245. 7. SMT. SAKAMMA, W/O SRI. MOHAN ROAD, D/O LATE SRI. SHIVAJI RAO, AGED ABOUT 55 YEARS, RESIDING AT BOMMAHALLI VILLAGE, MUDAGOD TALUK, HAVERI DISTRICT-581349. 8. SRI. KIRAN, S/O LATE SRI. MURALI MALADKAR AND LATE SMT. KASTHURI, - 3 - HC-KAR NC: 2025:KHC:53427 RSA No. 274 of 2025 AGED ABOUT 36 YEARS, RESIDING AT NO.7/80, SUBHASHNAGAR, DHANADELLI, KARAWARA DISTRICT-581321. 9. SRI. BASAVARAJA, S/O LATE SRI. SHIVAJI RAO, AGED ABOUT 57 YEARS, TAILOR, RESIDENT OF PREETHAM TAILORS, JYOTHI CLINIC, OPPOSITE 1ST CROSS, GANDHI BAZAAR, SHIVAMOGGA-577201. 10. SRI. DEVARAJA, S/O LATE SRI. SHIVAJI RAO, AGED ABOUT 53 YEARS, TAILOR, RESIDING AT NO.19, H-BLOCK, BONMMABNAKATTE BADAVANE, SHIVAMOGGA-577201. 11. SMT. THULASA BAI, W/O SRI. NAGESH, AGED ABOUT 49 YEARS, RESIDENT OF NO.57, KALLAHALLI 2ND STAGE, A-BLOCK, VINOBHANAGARA, SHIVAMOGGA-577201. 12. SMT. VIJAYA, W/O SRI. RAMESH, AGED ABOUT 36 YEARS, RESIDENT OF CHITRADURGA-577501. …RESPONDENTS (BY SRI. P.N.HARISH, ADVOCATE FOR R1 AND R2; R5, R6, R8, R9, R10, R11 AND R12 ARE SERVED; VIDE ORDER DATED 13.10.2025, NOTICE TO R3, R4 AND R7 HELD SUFFICIENT) - 4 - HC-KAR NC: 2025:KHC:53427 RSA No. 274 of 2025 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.11.2024 PASSED IN R.A.NO.97/2024 (OLD R.A.NO.109/2022) ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 25.10.2022 IN O.S.NO.751/2017 ON THE FILE OF IV ADDITIONAL CIVIL JUDGE, SHIVAMOGGA. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 and 2. 2. This second appeal is filed by plaintiff No.3 challenging the judgment and decree passed by the First Appellate Court re-apportioning the property. The Trial Court granted the relief of partition declaring that plaintiff Nos.1 to 5 each are entitled to 1/12th share out of half share of the deceased Tukaram in the suit schedule property by metes and bounds. Further, it is declared that defendant Nos.1 and 2 are entitled together to half share in the half share of the deceased Nagaraj over the suit schedule property by metes and bounds. Further, it is declared that defendant Nos.1 and 2 are also - 5 - HC-KAR NC: 2025:KHC:53427 RSA No. 274 of 2025 entitled together to 1/12th share in the half share of the deceased Tukaram in the suit schedule property by metes and bounds. Further, it is declared that defendant Nos.3 to 8 each are entitled to 1/12th share out of half share of deceased Tukaram in the suit schedule property by metes and bounds. 3. The First Appellate Court modified the same on the appeal filed by the plaintiffs and declared that plaintiff No.1 is entitled for 1/16th share in the suit schedule property. The defendant Nos.1 and 2 are entitled for 9/16th share in the suit schedule property. The defendant Nos.3 to 8 are entitled for 1/16th share each in the suit schedule property and the same is reduced from 1/12th share to 1/16th share by the First Appellate Court and hence, the second appeal is filed before this Court. 4. Both the learned counsel submits that the judgment and decree of the Trial Court may be restored, since the defendants have not questioned the judgment of the Trial Court and the judgment of the Trial Court is modified at the instance of the plaintiffs and there is no dispute between the parties before this Court for granting of 1/12th share as granted by the Trial Court. - 6 - HC-KAR NC: 2025:KHC:53427 RSA No. 274 of 2025 5. In view of this submission, the judgment of the Trial Court is restored with the consent of both the learned counsel for the appellant and the learned counsel for respondent Nos.1 and 2. 6. Accordingly, the second appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 34