- 1 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.671 OF 2017 C/W REGULAR SECOND APPEAL NO. 1061 OF 2018 (PAR) IN RSA No.671/2017 BETWEEN: PUTTANANJAMMA W/O LATE KAPINIGOWDA, AGED ABOUT 74 YEARS, R/AT T. HOSURU VILLAGE, SHIVAKALLI POST, YALNUR TALUK, CHAMARAJANAGAR - 571 441. …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. RAJAMMA DEAD BY LR'S 1(A). YESHODAMMA D/O LATE GURUSHIDEGOWDA AGED ABOUT 55 YEARS 1(B). SHEKARA S/O LATE GURUSHIDEGOWDA AGED ABOUT 53 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 1(C). REVANNA S/O LATE GURUSHIDEGOWDA AGED ABOUT 51 YEARS 1(D). KUMARASWAMY T.G S/O LATE GURUSHIDEGOWDA AGED ABOUT 48 YEARS 1(E). MAHADEVASWAMY T.G S/O LATE GURUSHIDEGOWDA AGED ABOUT 47 YEARS 1(F). NANDISH T.G S/O LATE GURUSHIDEGOWDA AGED ABOUT 45 YEARS 1(A) TO 1(F) ARE R/AT TELLANURU VILLAGE BANAHALLI POST, CHAMARAJANAGAR TALUK AND DISTRICT - 571 313. 1(G). GANGAMANI W/O NANJUNDEGOWDA S/O LATE GURUSHIDEGOWDA AGED ABOUT 43 YEARS R/AY YERIYURU VILLAGE YELANDUR TALUK CHAMARAJANAGAR DIST - 571 441. 2. NINGARAJU S/O MAHADEVAMMA, (GRANDSON OF KENCHEGOWDA) AGED ABOUT 58 YEARS, 3. CHINNAMMA W/O PUTTEGOWDA, D/O MAHADEVAMMA AGED ABOUT 53 YEARS, - 3 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 THE RESPONDENT Nos.2 AND 3 ARE R/AT GOWDAHALLI VILLAGE, YALANDUR TALUK, CHAMARAJANAGAR DISTRICT - 571 441. MALLAMMA W/O LATE KENCHEGOWDA (DEAD BY HER LR'S i.e., APPELLANT HEREIN AND RESPONDENT NO.1 TO 3 AND 4 HEREIN) 4. NAGAMMA W/O K.M. MAHADEVAPPA AGED ABOUT 52 YEARS, R/AT GUMBALLI VILLAGE YALNDUR TALUK, CHAMARAJANGAR DISTRICT - 571 441. JAYAMMA SINCE DEAD BY LRS 5. NANJEGOWDA, H/O JAYAMMA, S/O MALLEGOWDA AGED ABOUT 60 YEARS, R/AT YERIYURU VILLAGE, YALNDUR TALUK, CHAMARAJANAGAR DISTRICT - 571 441. 6. MAHESHA S/O JAYAMMA AGED ABOUT 27 YEARS, 7. RUDRAMBIKE D/O JAYAMMA AGED ABOUT 23 YEARS, THE RESPONDENT NO.6 AND 7 ARE R/AT C/O CHINNAMMA, W/O PUTTEGOWDA GOWDAHALLI VILLAGE, - 4 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 YALNDUR TALUK, CHAMARAJANAGAR DISTRICT - 571 441. …RESPONDENTS (BY SRI. H.V.DEVARAJU, ADVOCATE FOR R1(A TO G) AND FOR R2 AND R3; R4, R5, R6, R7 - SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.11.2016 PASSED IN RA.NO.21/2010 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 8.9.2009 PASSED IN OS.NO.38/2007 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND CJM, CHAMARAJANAGAR. IN RSA NO.1061/2018 BETWEEN: 1. SMT. RAJAMMA AGED ABOUT 58 YEARS, W/O. SRI. GURUSHIDEGOWDA, R/AT TELLANURU VILLAGE, BANAHALLI POST, CHAMARAJANAGAR TALUK AND DISTRICT - 571 313. (SINCE DECEASED BY HER LRS) 1(A). SMT. YESHODAMMA D/O LATE SRI. GURUSHIDEGOWDA AGED ABOUT 54 YEARS 1(B). SRI. SHEKARA S/O LATE SRI. GURUSHIDEGOWDA AGED ABOUT 52 YEARS - 5 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 1(C). SRI. REVANNA S/O LATE GURUSHIDEGOWDA AGED ABOUT 50 YEARS 1(D). SRI. KUMARASWAMY T.G S/O LATE SRI. GURUSHIDEGOWDA AGED ABOUT 48 YEARS 1(E). SRI. MAHADEVASWAMY T.G S/O LATE GURUSHIDEGOWDA AGED ABOUT 46 YEARS 1(F). SRI. NANDISH T.G S/O LATE SRI. GURUSHIDEGOWDA AGED ABOUT 44 YEARS APPELLANTS 1(A) TO 1(F) ARE R/AT TELLANURU VILLAGE BANAHALLI POST, CHAMARAJANAGAR TALUK AND DISTRICT - 571 313. 1(G). SMT. GANGAMANI D/O LATE SRI. GURUSHIDEGOWDA W/O NANJUNDEGOWDA AGED ABOUT 42 YEARS R/AT YERIYOUR VILLAGE YELANDUR TALUK - 571 441. 2. SRI. NINGARAJU AGED ABOUT 58 YEARS, GRANT S/O. SRI. KENCHEGOWDA, R/AT GOWDAHALLI VILLAGE, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. 3. SMT. CHINNAMMA AGED ABOUT 53 YEARS, W/O. SRI. PUTTEGOWDA, D/O. SMT. MAHADEVAMMA, - 6 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 R/AT GOWDAHALLI VILLAGE, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. ...APPELLANTS (BY SRI. H.V.DEVARAJU, ADVOCATE) AND: 1. SMT. PUTTANANJAMMA AGED ABOUT 64 YEARS, W/O. LATE SRI. KAPANIGOWDA, RESIDING AT T. HOSURU VILLAGE, SHIVAKALLI POST, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. 2. SMT. NAGAMMA AGED ABOUT 52 YEARS, W/O. SRI. K.M.MAHADEVAPPA, R/AT GUMBALLI VILLAGE, (PROP. OF FLOUR MILL), YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. 3. SRI. NANJEGOWDA AGED ABOUT 60 YEARS, H/O. SMT. JAYAMMA, S/O. SRI. MALLEGOWDA, R/AT YERIYUR VILLAGE, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. 4. SRI. MAHESHA AGED ABOUT 27 YEARS, S/O. SMT. JAYAMMA, R/AT C/O OF CHINNAMMA, W/O SRI. PUTTE GOWDA, GOWDAHALLI VILLAGE, - 7 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 YELANTURU TALUK, CHAMARAJANAGARA DISTRICT - 571 441. 5. SMT. RUDRAMBIKE AGED ABOUT 24 YEARS, D/O. SMT. JAYAMMA, R/AT C/O. OF CHINNAMMA, W/O SRI. PUTTE GOWDA, GOWDAHALLI VILLAGE, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. ...RESPONDENTS (BY SRI. GIRISH B. BALADARE, ADVOCATE FOR R1; R2, R3, R4, R5 - SERVED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 14.11.2016 PASSED IN R.A.NO.21/2010 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR, SITTING AT KOLLEGAL, PARLTY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 08.09.2009 PASSED IN OS.NO.38/2007 ON THE FILE OF THE CIVIL JUDGE [SR.DN] CHAMARAJANAGAR AND ETC., THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 8 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 ORAL JUDGMENT Heard Sri Girish B.Baladare, learned counsel appearing for the appellant and Sri H.V.Devaraju, learned counsel appearing for respondent No.1 (a to g). 2. Both the appeals are directed against the judgment of R.A.No.21/2010 on the file of the Additional District and Session Judge, Chamarajanagara sitting at Kollegala, whereby, the judgment in OS.No.38/2007 was modified. 3. Learned counsel appearing for both the parties would submit that during the pendency of the appeal, Mallamma who is the mother of the parties said to have died. 4. Therefore, the share of Mallamma will have to be divided among the remaining children equally as Mallamma died intestate. - 9 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 5. The genealogy of the family reads as under: Sri. Kechegowda (Died) Smt. Mallamma (1st Defendant) (Died) Mahadevamma Puttananjamma Rajamma Nagamma (died) (2nd Defendant) (1st Plaintiff) (3rd Defendant) Rachegowda (Died) Ningaraj Chinnamma Jayamma (2nd Plaintiff) (3rd Plaintiff) (4th Defendant) (now died) Nanjegowda (husband) (3rd respondent) Mahesh Rudrambike (4th Respondent) (5th Respondent) - 10 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 6. Therefore, the parties are directed to get the equitable partition in the final decree proceedings in respect of the suit property in the share of 1/4th each in further modification of the judgment of the First Appellate Court in RA.No.21/2010, whereunder, plaintiff No.1 was granted 1/5th share and remaining shares are to be worked out by plaintiff No.2 and 3 and defendant No.4 together are entitled to 1/5th share. 7. Thus, the following ORDER (i) Both the appeals are allowed-in-part. (ii) In modification of the decree dated 14.11.2016 passed by the learned Judge in the First Appellate Court in RA.No.21/2010, plaintiff No.1 is entitled to 1/4th share in the land bearing Survey No.98/1 measuring 1 acre 8 guntas situated in Shivakahallli Village. - 11 - HC-KAR NC: 2026:KHC:35234 RSA No. 671 of 2017 C/W RSA No. 1061 of 2018 (iii) Plaintiffs are entitled for mesne profits under separate enquiry. (iv) Plaintiff Nos.2 and 3 and defendant No.4 together are entitled to 1/4th share in the land bearing Survey No.98/1 measuring 1 acre 8 guntas situated at Sivakahalli Village. (v) Puttananjamma being the second daughter of Mallamma, Nagamma being the last daughter of Mallamma and Kenchegowda, are together entitled to 1/4th share each and their share also to be worked out by paying separate court fee. (vi) No order as to cost. Sd/- (V SRISHANANDA) JUDGE PB List No.: 1 Sl No.: 28