- 1 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1337 OF 2025 (PAR) BETWEEN: 1. SMT. THRIPURAMBA @ GNANAMBA W/O LATE R.N.CHANDRASHEKAR AGED ABOUT 70 YEARS 2. KUM. NANDINI D/O LATE R.N.CHANDRASHEKAR, AGED ABOUT 47 YEARS, 3. SRI RUDRESH S/O LATE R.N. CHANDRASHEKAR, AGED ABOUT 44 YEARS, RESIDING NO.221, KAMARAJA ROAD, BENGALURU-560042. ALSO ALL ARE R/AT V.P.17, PRUKSA SILVANA, NEAR BUDIGERE CROSS, NIMBEKAIPUR, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU-560 049. …APPELLANTS (BY SRI RAMAMURTHY H.S., ADVOCATE) AND: 1. SRI S. CHETAN S/O LATE SHIVAKUMAR AGED ABOUT 30 YEARS, R/AT NO.2, 4TH STREET, KAMARAJ ROAD, BENGALURU-560042 AND PRESENTLY R/AT BISANAHALLI VILLAGE, JADIGANAHALLI HOBLI, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-560 067. 2. SMT. MANGALAMMA @ SARVAMANGALA W/O LATE NANJUNDAPPA, AGED ABOUT 75 YEARS, R/AT VIKONAGAR, HOSKOTE KODI, NEAR BSNL TOWER, HOSKOTE-562114. 3. SRI RAVI W/O LATE NANJUNDAPPA, AGED ABOUT 59 YEARS, R/AT NO.69, 3RD CROSS, PATEL GUNDAPPA ROAD, BENGALURU-560058. 4. SMT. SHASHI S/O LATE NANJUNDAPPA, AGED ABOUT 57 YEARS, R/AT SBR KERTHI APARTMENTS, OMR ROAD, BENGALURU-560019. 5. SMT. SHEELA D/O LATE NANJUNDAPPA, AGED ABOUT 50 YEARS, R/AT V NO.5, PRUKSA SILVANA, BUDIGERE CROSS, NIBEKAIPURA ROAD, BENGALURU-49. 6. SMT. MANJULA W/O LATE PRABHU AGED ABOUT 49 YEARS, 7. SRI. SANTHOSH S/O LATE PRABHU, BOTH ARE R/AT NO.48, 3RD CROSS, BSK 3RD STAGE, NEAR KATRIGUPPE POST OFFICE, BENGALURU-560085. 8. SMT. MANGALA W/O LATE VIRUPAKSHA AGED ABOUT 60 YEARS, 9. MIS. MONIKA D/O LATE VIRUPAKSHA, AGED ABOUT 48 YEARS, 10. SRI JAGADEESHA S/O LATE VIRUPAKSHA, AGED ABOUT 36 YEARS, - 3 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 RESPONDENT NOS.7 TO 9 ARE R/AT NO.131, DISPENSARY ROAD, SHIVAJINAGAR, BENGALURU-560016. 11. SMT. K.S.MANJULA W/O LATE PRATAP, AGED ABOUT 43 YEARS, 12. MIS. P. SHOBHA D/O LATE PRATAP, AGED ABOUT 22 YEARS, 13. MIS. P. MALASHREE D/O LATE PRATAP, AGED ABOUT 24 YEARS, RESPONDENT NOS.10 TO 12 ARE R/AT NO.28, 1ST FLOOR, 2ND BLOCK, AKSHAYANAGAR, (RAMAMURTH YNAGAR) BENGALURU-560016. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.09.2024 PASSED IN O.S.NO.580/2011 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The appellants are defendant Nos.12(a) to 12(c), belonging to the branch of Chandrashekar. The limited grievance urged in this appeal is that while decreeing the suit for partition and separate possession, the trial Court, though quantifying the shares of the other branches, has - 4 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 not specifically quantified the share of the branch of Chandrashekar. 2. The family pedigree is as under: Rudrappa @ Marudappa -Husband (dead) Gangamma Wife – (dead) Rajamma Nanjundappa Susheela Chandrashekar (Dead) (Dead) (Dead) (D.No.12) Mariyappa Mangalamma Nanjappa Gnanamba (Dead) (D.No.1) (Dead) (Wife D.12(a)) Saroja Shivakumar Rudersh Nandini (D.No.13) (Plaintiff) (D.No.12(c)) (D.No.12(b)) Ravi Shashi Sheela (D.No.2) (D.No.3) (D.No.4) Prabhudev Virupaksha Pratap (D.No.5) (Dead) (Dead) Mangala Manjula (D.No.6) (D.No.9) Monika Jagadeesh Shobha Malashree (D.No.7) (D.No.8) (D.No.10) (D.No.11) - 5 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 3. The suit was one for partition and separate possession seeking 1/4th share in the suit schedule properties. The trial Court while decreeing the suit, in the operative portion held that the plaintiff is entitled for ½ share out of 1/4th share of his mother late Smt. Rajamma in suit schedule properties by metes and bounds. 4. In the findings recorded by the trial Court, has held that the plaintiff and defendant No.13 being the children of late Smt. Rajammma are entitled to equal share out of her 1/4th share. Similarly, defendant Nos.1 to 4 are entitle for equal share out of 1/4th share of Sri Nanjundappa. Similarly, defendant Nos.5, 6 and 9 are entitled equally (1/3rd each) out of 1/4th share of their mother Smt. Susheela and out of 1/3rd share of defendant No.6, defendant No.6 to 8 are equally entitled. Similarly, out of 1/3rd share of defendant No.9, defendant Nos.9 to 11 are equally entitled. - 6 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 5. However, while quantifying the share of Rajamma, Nanjundappa and Susheela, the trial Court did not specifically quantified the 1/4th share of Chandrashekar, the 4th son of the propositous. This omission is evident from paragraph No.20 as well as from the operative portion of the trial Court’s judgment. Since the trial Court has already held all four children of the propositous namely Rajamma, Nanjundappa, Sucheela and Chandrashekar, are entitled to ¼ share each, the omission to mention Chandrashekar’s 1/4th share has led the appellants to approach this Court. 6. It is clarified that Chandrashekar is entitled to 1/4th in the suit schedule properties along with other three branches. With this clarification, the appeal stands disposed of. 7. Insofar as the delay of 45 days in filing the appeal is concerned, since this Court has not modified or altered the decree of the trial Court but has only clarified - 7 - HC-KAR NC: 2025:KHC:32311 RFA No. 1337 of 2025 the position already recorded by the trial Court, the said delay stands condoned without notice to the other side. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 13