- 1 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2066 OF 2023 (PAR/POS) C/W REGULAR SECOND APPEAL NO. 2205 OF 2023 (PAR/POS) IN RSA No. 2066/2023 BETWEEN: 1. SMT. SAVITHA AGED ABOUT 40 YEARS, W/O LATE RAMEGOWDA, 2. SMT. BHOOMIKA B.R AGED ABOUT 23 YEARS, D/O LATE RAMEGOWDA, 3. SRI. YASHWANTH B.R. AGED ABOUT 18 YEARS, S/O LATE RAMEGOWDA, ALL ARE RESIDING AT SRIRAMADEVARA STREET, WARD NO.17, BANNUR TOWN, T. NARASIPURA TALUK, MYSURU DISTRICT - 571 101. …APPELLANTS (BY SRI. SHASHI KUMAR G.V, ADVOCATE) AND: 1. SMT. MAYAMMA AGED ABOUT 66 YEARS, W/O LATE CHIKKATHIMMEGOWDA, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 R/O KUNTEENAHALLI VILLAGE, BANNUR HOBLI, T. N. PURA TALUK, MYSURU DISTRICT - 571 101. 2. SMT. YASHODHA AGED ABOUT 59 YEARS, W/O MAHADEVU, R/O ATTALLI VILLAGE, BANNUR HOBLI, T.N. PURA TALUK, MYSURU DISTRICT - 571 101. 3. SMT. SHARADAMMA AGED ABOUT 65 YEARS, D/O LATE SIDDARAMU, R/O 2ND CROSS ROAD, ARKESHWARANAGAR, GUTTHALU MAIN ROAD, BEHIND JAYALAKSHMI TALKIES, MANDYA - 571 401. 4. SMT. MAYAMMA AGED ABOUT 63 YEARS, W/O SHANTHARAJU, R/O SHIVALLI VILLAGE, MANDYA TALUK - 571 405 MANDYA DISTRICT. 5. SMT. KAMALA AGED ABOUT 61 YEARS, W/O BODRERERAJU, R/O HANUMANALU VILLAGE, BANNUR HOBLI, T.N. PURA TALUK, MYSURU DISTRICT - 571 101. 6. SRI. CHIKKAMOGA AGED ABOUT 71 YEARS, S/O LATE CHUNCHEGOWDA, R/O CHUNCHEGOWDANAKOPPALU, MANDYA DISTRICT - 571 424. - 3 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 7. SRI. M. PRAKASH AGED ABOUT 61 YEARS, S/O LATE MARIGOWDA, R/O PARAMAHAMSADHAMA AVARANA, NEAR SANTHEMALA, BANNUR TOWN, T.N. PURA, MYSURU DISTRICT - 571 401. …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1; SMT. MONISHA N.S, ADVOCATE FOR SRI. DILIP KUMAR GOWDA R, ADVOCATE FOR R7; SRI. D. MANJUNATH, ADVOCATE FOR R2 TO R4; R5 TO R6 ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2023 PASSED IN RA NO.18/2020 ON THE FILE OF SENIOR CIVIL JUDGE, T. NARASIPURA., DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 13.02.2020 PASSED IN OS NO.123/2012 ON THE FILE OF CIVIL JUDGE AND JMFC, T. NARASIPURA. IN RSA NO. 2205/2023 BETWEEN: 1. SRI. M. PRAKASH S/O LATE MARIGOWDA AGED 58 YEARS R/A PARAMAHAMSADHAMA AVARNA NEAR SANTHEMALA, BANNUR TOWN T. NARASIPURA TALUK MYSORE DISTRICT - 571 124. ...APPELLANT (BY SMT. MONISHA N.S, ADVOCATE FOR SRI. DILIP KUMAR GOWDA R, ADVOCATE) - 4 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 AND: 1. SMT. MAYAMMA W/O LATE CHIKKATHIMMEGOWDA AGED ABOUT 66 YEARS R/A KUNTENAHALLI VILLAGE BANNUR HOBLI, T. NARASIPURA TALUK MYSORE DISTRICT - 571 124. 2. SMT. YASHODHA W/O MAHADEVU AGED ABOUT 60 EYARS R/A ATTALLI VILLAGE BANNUR HOBLI T. NARASIPURA TALUK MYSORE DISTRICT - 571 124. 3. SMT. SAVITHA W/O LATE RAMEGOWDA AGED ABOUT 41 YEARS R/A RAMADEVARA STREET HEMADRI NAGARA BANNUR TOWN, T. NARASIPURA TALUK MYSORE DISTRICT - 571 124. 4. BHOOMIKA B.R D/O LATE RAMEGOWDA AGED ABOUT 22 EYARS R/A RAMADEVARA STREET HEMADRI NAGARA, BANNUR TOWN T. NARASIPURA TALUK MYSORE DISTRICT - 571 124. 5. YASHWANTH B R S/O LATE RAMEGOWDA HE BEING MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER RESPONDENT NO.3, R/A RAMADEVARA STREET HEMADRI NAGARA, BANNUR TOWN - 5 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 T. NARASIPURA TALUK MYSORE DISTRICT - 571 124. 6. SMT. SHARADAMMA D/O LATE SIDDARAMU AGED ABOUT 62 YEARS R/A 2ND CROSS ARKESHWARANAGAR GUTHALU MAIN ROAD BEHIND JAYALAKSHMI TALKIES, MANDYA. 7. SMT. MAYAMMA W/O SHANTHARAJU AGED ABOUT 60 YEARS R/A SHIVALLI VILLAGE MANDYA TALUK AND DISTRICT - 57140 8. SMT. KAMALA W/O BODRERAJU AGED ABOUT 58 YEARS R/A HANUMANALU VILLAGE BANNUR HOBLI T NARASIPURA TALUK MYSORE DISTRICT - 571 129. 9. SRI. CHIKKAMOGA S/O LATE CHUNCHEGOWDA AGED ABOUT 68 YEARS R/A CHUNCHEGOWDANAKOPPALU VILLAGE MANDYA TALUK AND DISTRICT - 571 401. ...RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1; SRI. G.V. SHASHIKUMAR, ADVOCATE FOR R3 TO R5; SRI. D. MANJUNATHA, ADVOCATE FOR R2, R6 TO R8; R9 - NOTICE DISPENSED WITH) THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2023 PASSED - 6 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 IN RA NO.26/2020 ON THE FILE OF SENIOR CIVIL JUDGE AT T. NARASIPURA., DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 13.02.2020 PASSED IN OS NO.123/2012 ON THE FILE OF CIVIL JUDGE, JMFC, T. NARASIPURA. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard Sri.Shashi Kumar G. V., Sri.P.Nataraju, Smt.Monisha N. S., learned counsel appearing on behalf of Sri.Dilip Kumar Gowda R. and Sri.D.Manjunath, learned Advocates for the parties. 2. These two appeals arise out of common judgment passed in RA No.18/2020, 26/2020 and 5/2021 challenging the judgment and decree passed in O.S.No.123/2012 dated 13.02.2020. 3. Facts of the case are as under: 3.1. Channegowda @ Sannegowda was the common prepositus who had two wives namely Javanamma and - 7 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 Boramma. Genealogy tree of the family of Channegowda @ Sannegowda is as under: Channe Gowda @ Sanne Gowda Javanamma(wife) Boramma (defendant No.1) (wife) Mayamma(plaintiff)(daughter) Lakshmi Sharadamma Mayamma Kamala Yashoda Sushila Rame Gowda (dead) (Defendant No.5) (defendant No.6) (defendant No.7) (defendant No.2) (defendant No.3) (defendant No.4) (Since Dead Defendant Nos.4 to 8 are legal representatives) Chikkamoga (Husband) Savitha (Defendant No.8) Bhoomika B.R., Yashwanth B.R., (appellants) 3.2. Plaint averments reveal that after the death of Javanamma – first wife, Channegowda @ Sannegowda married Boramma. Relationship among the parties is not in dispute so also the nature of the properties. Suit for partition came to be filed by the daughter of first wife – Mayamma in O.S.No.123/2012. - 8 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 3.3. Learned Trial Judge after entertaining the written statement, raised necessary issues and recorded the evidence of the parties. After hearing the arguments of the parties in detail, decreed the suit by granting 1/12th share to the plaintiff. 4. Being not satisfied with the share granted by the Trial Court, there were three appeals filed before the First Appellate Court as referred to supra. 5. Learned Judge in the First Appellate Court modified the judgment of the Trial Court and granted 1/6th share to the plaintiff. 6. Being aggrieved by the same, these two appeals are filed. 7. Defendants - Savitha and others have filed RSA No.2066/2023 challenging the modification of 1/6th share share granted by the First Appellate Court to the plaintiff whereas M.Prakash who is the appellant in RSA No.2205/2023 claims that he is the purchaser of one of the items of the suit properties from Sushila who is the sixth daughter of Channegowda and Boramma. - 9 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 8. So also M.Prakash said to have purchased one of the items of the suit property from sixth daughter Sushila and seventh child – Rame Gowda. 9. Having heard the arguments of both the parties, this Court noted that all that was required to be done in both the appeals is to rework out the shares having regard to the principles enunciated in the case of Vineeta Sharma v. Rakesh Sharma reported in (2020) 9 SCC 1. 10. Admittedly Channegowda @ Sannegowda died in the year 1978 by which time the plaintiff and all the defendants were born and defendant No.1 being the second wife of Channegowda @ Sannegowda who had been married to Channegowda @ Sannegowda after the death of first wife - Javanamma. 11. As such, at a notional partition in the year 1978, if the property is to be divided, taking note of the fact that first daughter of Channegowda @ Sannegowda and Boramma namely Laksmi having died issueless, she would not be counted as sharers in the notional partition and therefore, sharing - 10 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 pattern would be 1/8th share of Channegowda @ Sannegowda, Mayyamma and remaining six children of Channegowda @ Sannegowda and Boramma. 12. Further, share of Channegowda @ Sannegowda would be divided among Boramma, plaintiff and six children of Channegowda @ Sannegowda and Boramma and as such, plaintiff would be entitled to 1/8th + 1/64th share. 13. Likewise, remaining six children of Channegowda @ Sannegowda and Borramma who are defendant Nos.2 to 7 are entitled to 1/8th + 1/64th share. Balance 1/64th share would go to second wife - Boramma as she has married Channegowda @ Sannegowda after the death of Javanamma as is found from the plaint averments. 14. Thus, appellant – M.Prakash having purchased the property from Rame Gowda, Sushila and Boramma would be entitled to 1/8th + 1/64th + 1/8th + 1/64th (shares of Sushila and Ramegowda and 1/64th share of Boramma). - 11 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 15. With the aforesaid modification in the shares, appeals needs to be allowed by modifying the decree passed by the Trial Court and the First Appellate Court. 16. Hence, following ORDER i. Appeals are allowed in part as under: ii. In view of the decree passed in O.S.No.123/2012 dated 13.02.2020 which was modified by the First Appellate Court in RA Nos.18/2020, 26/2020 and 5/2021 dated 30.08.2023, plaintiff would be entitled to 1/8th + 1/64th share in the suit properties. iii. So also six children of Channegowda @ Sannegowda and Boramma namely Sharadamma, Mayamma, Kamala, Yashoda, Sushila and Rame Gowda (defendant Nos.2 to 7) are entitled to 1/8th + 1/64th share and defendant No.1 – Boramma is entitled to 1/64th share each. - 12 - HC-KAR CNR: KAHC010629672023 NC: 2026:KHC:45002 RSA No. 2066 of 2023 C/W RSA No. 2205 of 2023 iv. Parties to work out equitable partition in the Final Decree Proceedings as per the aforesaid shares. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 63