Karnataka High Court
Smt Neelamma W/O Late Maheshwarappa vs Smt Sarojamma W/O Parameshwarappa on 9 July, 2014
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF JULY, 2014
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH
CRP No.302/2010
BETWEEN
SMT. NEELAMMA
W/O LATE MAHESHWARAPPA
OCC: AGRICULTURIST
AGED ABOUT 57 YEARS,
R/O ARAVILLICHA, HOLCHONNUR (HOBLI)
BHADRAVATHI TALUK, SHIMOGA DISTRICT.
... PETITIONER
(By Sri.S.V. PRAKASH, ADV.)
AND
1. SMT. SAROJAMMA W/O PARAMESHWARAPPA
OCC: AGRICULTURIST
AGED ABOUT 61 YEARS
R/O TAVAREKERE, CHENNAGIRI TALUK
DAVANAGERE DISTRICT.
2. SMT. RATHNAMMA W/O RAJAPPA
AGED ABOUT 46 EYARS
R/O CHAMRAJPETE (KENAKERE)
SORABA (TOWN) SORABA (TALUK)
SHIMOGA DISTRICT.
... RESPONDENTS
(By Sri.B K MANJUNATH, ADV. FOR R1 & R2)
CRP FILED UNDER SEC.115 OF CPC., AGAINST THE
ORDER DATED 9.7.2010 PASSED IN M.A.NO.16/2006 ON THE
FILE OF SENIOR CIVIL JUDGE & JMFC., BHADRAVATHI,
DISMISSING THE APPEAL AND CONFIRMING THE ORDER
DATED 20.7.2006 PASSED IN FDP NO.11/2004 ON THE FILE OF
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THE CIVIL JUDGE (JR.DN) & ADDL. JMFC., BHADRAVATHI,
ALLOWING THE FINAL DECREE PROCEEDINGS.
THIS CRP COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING: -
ORDER
This petition is filed by the petitioner to set aside the order dated 9.7.2010 passed by the Senior Civil Judge and JMFC, Bhadravathi, in M.A.No.16/2006 dated 9.7.2010, confirming the order dated 20.7.2002 passed by the Court of Civil Judge (Jr.Dn.) and Additional JMFC, Bhadravathi in FDP No.11/2004.
Heard the learned counsel for both sides. It appears, there is no dispute as to the share to be accepted by the parties i.e. sisters namely the respondents 1 and 2 who have agreed to take up 1/4th share out of the property available in the joint family. But so far as the loan to be shared is concerned, the loan was raised from the Co-operative Society for development of the land. If it is divided, each of them would pay maximum of Rs.6,000/- and odd.
So far as another loan of Rs.50,000/- said to have been incurred by mortgaging the property, petitioner -3- cannot insist for share to discharge the debt. In that view of the matter, there is no scope for interference to pay loan of Rs.6,000/- and odd to be made available to the Co-operative Society.
Since the loan was raised by the respondents for development of the land, it is for the petitioner to pay an amount of Rs.6,000/- and odd by way of sharing.
Accordingly, the petition is disposed of. Petitioner to forthwith handover the possession of the property to the respondents.
Petition is allowed in part.
Sd/-
JUDGE AP/-