Karnataka High Court
Rajendra A/F Bharamappa vs Manika @ Leelavati W/O Annappa ... on 26 June, 2013
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 26TH DAY OF JUNE 2013
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
REGULAR SECOND APPEAL NOS.6110/2010
C/W 6097/2010, 5894/2010, 6109/2010
RSA NO 6110 OF 2010
BETWEEN
1. RAJENDRA A/F BHARAMAPPA
@ BHARAMA NARASAGOUDA,
AGE: 46 YRS.,, OCC: AGRICULTURE,
R/O MAHAVEER GALLI,
MAJAGAON, TALUK: HUKERI,
DISTRICT: BELGAUM. 590 001 ... APPELLANT
(By Sri : S.L.MATTI, ADV FOR JAGADISH PATIL, ADV )
AND
1. MANIKA @ LEELAVATI W/O ANNAPPA KADAHATTI,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O MAVANUR,
TALUK: HUKERI,
DISTRICT: BELGAUM. 590 009
2. ANNAPPA BHARAMAPPA KADAHATTI,
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O MAVANUR,
TALUK: HUKERI,
DISTRICT: BELGAUM. 590001
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3. CHIMMAWA W/O ANNAPPA JAKKANNAVAR,
AGE: 65 YRS., OCC: HOUSEHOLD WORK,
R/O, C/O GUNDU SANKANNAVAR,
NAVI GALLI,
SHAHAPUR, BELGAUM. 590001
(SMT PUSHPA WIFE OF BHARMANNA @ BABU HOSAMANI),
SINCE DECEASED BY L.R"S
4. KUMARI RESHMA D/O BHARAMANNA @
BABU NARASAGOUDA,
AGE: 20 YRS., OCC: HOUSEHOLD WORK,
R/O PARISHWAD, TALUK: KHANAPUR,
DISTRICT: BELGAUM. 590001
5. KUMARI MADHURI D/O BHARAMANNA @ BABU
NARASAGOUDA,
AGE: 18 YRS., OCC: HOUSEHOLD WORK,
R.O PARISHWAD,
TALUK: KHANAPUR,
DISTRICT: BELGAUM. 590001 ... RESPONDENTS
THIS RSA IS FILED U/SEC.100 R/W. O.42 RULE 1 OF CPC.,
AGAINST THE JUDGEMENT & DECREE DTD:08-09-2010 PASSED IN
R.A.NO.327/2009 ON THE FILE OF THE PRL.DISTRICT JUDGE
BELGAUM, DISMISSING THE APPEAL, FILED AGAINST THE
JUDGMENT DTD:25-06-2009 AND THE DECREE PASSED IN
O.S.NO.223/2004 ON THE FILE OF THE III- ADDL. CIVIL
JUDGE(SR.DN) BELGAUM, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION, CONSEQUENTIAL RELIEF OF INJUNCTION,
PARTITION AND SEPARATE POSSESSION.
RSA NO 6097 OF 2010
BETWEEN
1. RESHMA D/O BHARMANNA @ BABU HOSAMANI
@ NARASAGOUDA, AGE: 22 YEARS,
OCC: HOUSEHOLD,
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R/O MAJAGAON, BELGAUM. 590008
2. MADHURI D/O BHARMANNA NARASAGOUDA
AGE: 21 YEARS, OCC: NIL,
R/O MAJAGAON, BELGAUM. 590008 ... APPELLANTS
(By Sri : NAGARAJ C KOLLORI, ADV )
AND
1. RAJENDRA A/F BHARMAPPA NARSAGOUDA
AGE: 39 YEARS, R/O MAJAGAON,
BELGAUM. 590008
2. CHIMMAVVA W/O ANNAPPA JAKKANNAVAR,
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
R/O MUTGA, BELGAUM. 590008
3. MANIK @ LEELAVATI W/O APPANNA KADHATTI,
AGE: 55 YEARS, OCC: HOUSEHOLD,
R/O MAVANUR, TQ. HUKKERI,
DIST. BELGAUM. 590008 ... RESPONDENTS
(By Sri. : RAVIRAJ C PATIL, ADV FOR C/R1,
SRI.R.K.HATTI, ADV FOR R2)
THIS RSA IS FILED U/SEC.100 R/W. O.42 RULE 1 OF CPC.,
AGAINST THE JUDGEMENT & DECREE DTD:08-09-2010 PASSED IN
R.A.NO.838/2009 ON THE FILE OF THE PRL.DISTRICT JUDGE
BELGAUM, DISMISSING THE APPEAL, FILED AGAINST THE
JUDGMENT DTD:25-06-2009 AND THE DECREE PASSED IN
O.S.NO.256/2000 ON THE FILE OF THE III- ADDL. CIVIL
JUDGE(SR.DN) BELGAUM, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION, CONSEQUENTIAL RELIEF OF INJUNCTION,
PARTITION AND SEPARATE POSSESSION.
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RSA NO 5894 OF 2010
BETWEEN
1. MANIK @ LEELAVATI W/O ANNAPPA KADAHATTI
AGE: 62 YRS, OCC: AGRICULTURE,
R/O MAVANUR 591122 HUKKERI TQ.
BELGAUM DIST.,
2. ANNAPPA BHARAMAPPA KADAHATTI
AGE: 74 YRS, OCC: AGRICULTURE
R/O MAVANUR 591122
HUKKERI TQ. BELGAUM DIST., ... APPELLANTS
(By Sri : M G NAGANURI : S P PATIL, ADV)
AND
1. RAJENDRA A/F BHARAMAPPA @ BHARAMA
NARASAGOUDA AGE: 44 YRS,
OCC: AGRICULTURE, R/O MAHAVEER GALLI,
MAJAGAON, 590008
2. CHIMMAWA W/O ANNAPPA JAKKANNAVAR
AGE: 62 YRS, OCC: HOUSEHOLD,
R/O GUNDU SANKANNAVAR, NAVI GALLI,
SHAHAPUR 590003 BELGAUM DIST.,
PUSHPA W/O BHARAMANNA @ BABU
NARASAGOUDA SINCE DECEASED BY LRS
3 KUMARI RESHMA D/O BHARAMANNA
BABU NARASAGOUDA AGE: 23 YRS,
OCC: HOUSEHOLD, R/O PARISHWAD 591131
KHANAPUR TQ. BELGAUM DIST.,
4. MADHURI D/O BHARAMANNA
BABU NARASAGOUDA AGE: 21 YRS,
OCC: HOUSEHOLD, R/O PARISHWAD 591131
KHANAPUR TQ. BELGAUM DIST., ... RESPONDENTS
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THIS RSA IS FILED U/SEC.100 R/W. O.42 RULE 1 OF CPC.,
AGAINST THE JUDGEMENT & DECREE DTD:08-09-2010 PASSED IN
R.A.NO.177/2009 ON THE FILE OF THE PRL.DISTRICT JUDGE
BELGAUM, DISMISSING THE APPEAL, FILED AGAINST THE
JUDGMENT DTD:25-06-2009 AND THE DECREE PASSED IN
O.S.NO.223/2004 ON THE FILE OF THE III- ADDL. CIVIL
JUDGE(SR.DN) BELGAUM, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION, CONSEQUENTIAL RELIEF OF INJUNCTION,
PARTITION AND SEPARATE POSSESSION.
RSA NO 6109 OF 2010
BETWEEN
1. RAJENDRA A/F BHARAMAPPA @ BHARAMA
NARASAGOUDA
AGE: 46 YRS, OCC: AGRICULTURE,
R/O: MAHAVEER GALLI, MAJAGAON,
TQ & DIST: BELGAUM. 590008 ... APPELLANT
(By Sri : S.L.MATTI, ADV FOR JAGADISH PATIL, ADV )
AND
1. RESHMA D/O BHARAMANNA @ BABU NARASAGOUDA
AGE: 230 YRS., OCC: HOUSEHOLD WORK,
R/O: PARISHWAD, TQ: KHANAPUR,
DIST: BELGAUM. 591 302
2. MADHURI D/O BHARAMANNA @ BABU NARASAGOUDA
AGE: 18 YRS., OCC: HOUSEHOLD WORK,
R/O: PARISHWAD, TQ: KHANAPUR,
DIST: BELGAUM. 591 302
3. CHIMMAWA W/O ANNAPPA JAKKANNAVAR
AGE: 65 YRS.,, OCC: HOUSEHOLD WORK,
R/O: C/O: GUNDU SANKANNAVAR, NAVI GALLI,
SHAHAPUR, BELGAUM. 590003
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4. MANIKA @ LEELAVATI W/O ANNAPPA KADAHATTI
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: MAVANUR, TQ: HUKKERI,
DIST: BELGAUM. 591 309. ... RESPONDENTS
(By Sri: RAVIRAJ.C.PATIL FOR C/R1
SRI.R.K.HATTI ADV FOR R3)
THIS RSA IS FILED U/SEC.100 R/W. O.42 RULE 1 OF CPC.,
AGAINST THE JUDGEMENT & DECREE DTD:08-09-2010 PASSED IN
R.A.NO.326/2009 ON THE FILE OF THE PRL.DISTRICT JUDGE
BELGAUM, DISMISSING THE APPEAL, FILED AGAINST THE
JUDGMENT DTD:25-06-2009 AND THE DECREE PASSED IN
O.S.NO.256/2000 ON THE FILE OF THE III- ADDL. CIVIL
JUDGE(SR.DN) BELGAUM, PARTLY DECREEING THE SUIT FILED FOR
DECLARATION, CONSEQUENTIAL RELIEF OF INJUNCTION,
PARTITION AND SEPARATE POSSESSION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
All these four appeals arise out of common judgment and decree passed in OS.No.223/2004 c/w 256/2000 seeking partition in respect of joint family properties of Kuberappa Narasagouda, the propositus of the family.
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2. The fact that Kuberappa, the propositus died on 26.8.1947 is not in dispute. It is further not in dispute that subsequent to his death his wife also died. Thereafter, his son Bharamappa @ Bharama and Appayya survived the parents. It is seen that Bharamappa @ Bharama, first son of Kuberappa had in all two daughters, namely Kusumawati and Manik @ Leelavati. Whereas Appayya though got married to Jeevanawwa had a daughter by name Chimmawa, the relationship between Appayya and his wife was not cordial and she deserted him. When matter stood thus, Bharamappa @ Bharama, first son of Kuberappa, who did not have any male issue took in adoption his grand-son through his daughter Manik @ Leelavathi. In effect, her only son Rajendra became the adopted son of her father. In the same manner, the son of Kusumawati, namely Bharamanna @ Babu was taken in adoption by her paternal uncle Appayya. It is seen that Bharamanna @ Babu got married subsequently to one Pushpa, third defendant in OS.No.223/2004 and in the wedlock they have two children by name Reshma and Madhuri, defendants 8 4 and 5 in OS.No.223/2004. In the said suit defendant No.2 is Chimmawa, daughter of Appayya. Bharamappa @ Bharama's adopted son Rajendra is defendant No.1.
3. OS.No.223/2004 is filed by second daughter of Bharamappa @ Bharama, namely, Manik @ Leelavati seeking partition and also impugning the compromise decree passed in RSA.No.433/1999. It is seen that both the suits for partition, one filed by Manik @ Leelavati and another filed by wife and children of Bharamanna @ Babu in OS.No.256/2000 were taken up together and both suits were disposed of by common judgment and decree granting shares in respect of suit schedule properties to plaintiffs and defendants therein. Though compromise judgment and decree passed in RSA.No.433/1999 was under challenge the court below did not interfere with the same. However, shares were allotted to plaintiff, Manik @ Leelavati in OS.No.223/2004 and to Pushpa, Reshma and Madhuri, plaintiffs in OS.No.256/2000. 9
4. It is seen that in the judgment and decree passed in OS.No.256/2000 awarding share to plaintiffs therein was challenged by Rajendra, first defendant therein (adopted son of Bharamappa) by filing RA.Nos.327/2009 and 326/2009, which came to be dismissed. Whereas in the suit filed by Manik @ Leelavati the judgment and decree passed therein partially allowing her claim was also challenged by herself in RA.No.177/2009, which also came to be dismissed resulting in RSA.No.5894/2010 is filed by her. Against the judgment and decree passed in OS.No.256/2000 one more RA was filed by Reshma and Madhuri, daughters of adopted son of Appayya in RA.No.838/2009 challenging the share that was allotted to them, which was also dismissed. Against which, RSA.No.6097/2010 is filed. In effect, there are four regular second appeals, one filed by Manik @ Leelavathi, plaintiff in OS.No.223/2004, which is in RSA.No.5894/2010, another by plaintiffs in OS.No.256/2000, Pushpa, Reshma and Madhuri, which is in RSA.No.6097/2010 and other two appeals by 10 Rajendra, first defendant in OS.No.223/2004 and 256/2000, which are in RSA.Nos.6109/2010 and 6110/2010.
5. All these four appeals are coming up together on various grounds urged in support of the case of their parties. On going through the common judgment and decree passed in OS.Nos.223/2004 and 256/2000, which is confirmed in RA.Nos.177/2009, 327/2009, 838/2009 and 326/2009 is under challenge in these appeals. On going through the same it is seen that relationship of parties in all the appeals is interwoven in such a way that two grand sons of propositus Kuberappa, through his first son Bharmappa is taken in adoption by two sons of propositus Kuberappa. The first son Bharmappa has taken in adoption his second daughter, Manik @ Leelavati's only son Rajendra as his adopted son. So far as late Kuberappa's second son Appayya is concerned, Chimmawa is his biological daughter and he has adopted his brother Bharamappa's grandson Bharamanna through his first daughter Kusumawati as his adopted son. The partition, 11 which has taken place earlier in RSA.No.433/1999, which was commenced in OS.No.88/1992 for the relief of declaration and injunction, subsequently got converted for partition with the persuasion of some of the parties at the time of settlement in RSA.No.433/1999 is rightly accepted by both the courts below. In the present suits taking into consideration the interest of all the parties to the joint family necessary shares are allotted to each one of the parties in the present two suits which was subject matter of four regular appeals before the lower appellate court, wherein the judgment and decree passed in the original suits is confirmed.
6. In that view of matter, this Court find no justifiable grounds are made out to admit these four appeals, inasmuch as, no substantial question of law arises to consider alleged serious differences between the parties regarding distribution of certain shares, which they are seeking in the property of joint family of Kuberappa Narasagouda, the propositus. Accordingly, all the four appeals are dismissed. However, it is 12 made clear that in the entire share of Pushpa, Reshma and Madhuri i.e., widow and children of Bharamanna @ Babu, adopted son of Appayya, would be getting the share of their father Bharamanna @ Babu, as adopted son of Appayya. Accordingly, the parties shall be entitled to seek final decree proceedings.
SD/-
JUDGE nd.