Dr Anirudh V vs Annaiah N M on 6 April, 2026

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    Bangalore District Court

    Dr Anirudh V vs Annaiah N M on 6 April, 2026

                                 1
                                                   O.S.No. 1990/2018
    
    KABC010292502023
                                                Digitally
                                                signed by
                                                MOHAN
                                         MOHAN PRABHU
                                         PRABHU Date:
                                                2026.04.08
                                                15:10:54
                                                +0530
    
    
    
    
       IN THE COURT OF LV ADDL. CITY CIVIL & SESSIONS
    
             JUDGE AT BENGALURU CITY: (CCH-56)
    
    
           DATED THIS THE 6TH DAY OF APRIL 2026
                               PRESENT
                  SRI. MOHAN PRABHU, M.A., LL.M.
    
     LV ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU.
    
                       O.S. No. 1990 / 2018
    
    PLAINTIFF/S       1. DR. ANIRUDH V.
                      S/O N.A. VENUGOPAL
                      AGED ABOUT 36 YEARS,
                      RESIDING AT 'NARAYANI' NO.18/21,
                      7TH CROSS, 9TH MAIN, 2ND BLOCK,
                      JAYANAGAR, BENGLURU - 560 011.
    
                      2. N.A. VENUGOPAL
                      S/O N.A. ANNAIAH
                      AGED ABOUT 65 YEARS,
                      RESIDING AT 'NARAYANI, No. 18/21,
                      7TH CROSS, 9TH MAIN, 2ND BLOCK,
                      JAYANAGAR, BENGALURU - 560 011.
    
                                         (BY SRI.R.O.K. ADV.)
    
    
                      Versus
    
    DEFENDANT/s       1. SRI. N.M. ANNAIAH
                      S/O N.A. MUNIVENTAKAPPA
              2
                            O.S.No. 1990/2018
    
    
    SINCE DECEASED BY HIS LRs ON
    RECORD.
    
    2. SMT. N.A. JANAKI BAI
    @ N.A.NARAYANAMMA,
    W/O N.M. ANNAIAH
    SINCE DECEASED BY HER LRs
    ON RECORD.
    
    3. SRI. N.A. VENUGOPAL,
    S/O N.A. ANNAIAH,
    AGED ABOUT 65 YEARS, RESIDING AT
    'NARAYANI' NO.18/21,
    7TH CROSS, 9TH MAIN, 2ND BLOCK,
    JAYANAGAR, BENGLURU - 560 011.
    
    4. SRI. N.A. RAVIGOPAL
    S/O N.M. ANNAIAH
    RESIDING AT NO.19, 7TH CROSS,
    9TH MAIN, 2ND BLOCK,
    JAYANAGAR, BENGALURU - 560 011.
    (Transposed as plaintiff)
    
    5. SMT.AMULYA SUMANTH
    W/O SUMANTH DONTHI
    D/O N.A. VENUGOPAL
    RESIDING AT NO.41, MOUNTAIN ROAD,
    1ST BLOCK, EAST JAYANAGAR,
    BENGALURU - 560 011.
    
    6. SRI.HARSHA RAVI GOPAL
    S/O N.A.RAVIGOPAL
    AGED ABOUT 35 YEARS,
    RESIDING AT NO.19, 7TH CROSS,
    9TH MAIN, 2ND BLOCK,
    JAYANAGAR, BENGALURU - 560 011.
    
    7. SRI.ADARSHA RAVIGOPAL
    S/O N.A. RAVIGOPAL
    AGED ABOUT 30 YEARS,
    RESIDING AT NO.19, 7TH CROSS,
    9TH MAIN, 2ND BLOCK,
    JAYANAGAR, BENGALURU - 560 011.
                                  3
                                                   O.S.No. 1990/2018
    
    
    
                     8. A.R.SHIVARAM
                     S/O A.G. RAMAIAH REDDY
                     AGED ABOUT 74 YEARS,
                     RESIDING AT No.670, 6TH CROSS,
                     3RD BLOCK, KORAMANGALA,
                     BENGALURU 560 034.
    
                     9. HEMA S. REDDY
                     D/O A.R.SHIVARAM
                     AGED ABOUT 50 YEARS,
                     RESIDING AT No.670, 6TH CROSS,
                     3RD BLOCK, KORAMANGALA,
                     BENGALURU 560 034.
    
                     10. ASHOK KUMAR
                     AGED ABOUT 49 YEARS,
                     S/O A. SHIVARAM
                     RESIDING AT No.670, 6TH CROSS,
                     3RD BLOCK, KORAMANGALA,
                     BENGALURU 560 034.
    
                                               (D1 & 2 DEAD
                         D3 TRANSAPOSED AS PLAINTIFF No.2
                                   D4, 6 & 7 by Sri.S.R. Adv.
                                         D5 by Sri. V.C. Adv.
                               D8 TO 10 by Sri.J.R.M.S. ADV.)
    
    
    
    
    Date of Institution of the           14.03.2018
    suit
    Nature of the Suit            Plaintiffs suit for partition
                                  and separate possession.
                                     Counter claim fo the
                                 defendant No.5 for partition
                                  and separate possession.
                                 Counter claim of defendant
                                 No.4, 6 & 7 for partition and
                                  separate possession and
                                 declaration and permanent
                                           injunction.
                                    4
                                                        O.S.No. 1990/2018
    
    
    Date of commencement of                     14.07.2025
    recording of evidence
    Date   on    which   the                    06.04.2026
    judgment was pronounced
              Duration                 Year/s    Month/s     Day/s
                                        08         00           20
    
                            JUDGMENT
    

    Initially plaintiff No.1 has filed this suit against the

    defendant No.1 to 7 for the relief of partition and

    SPONSORED

    separate possession of Plaint schedule properties seeking

    1/6th share and also praying for directing and esquire

    into mesne profits and direct the defendants to pay

    1/6th share of mesne profit to the plaintiff.

    The defendants No.1 to 3 who engaged their

    counsel filed their written statement resisting the claim of

    the plaintiff as well as counter claim filed by the

    defendants No.4, 6 & 7.

    The defendant No.5 engaged her counsel and filed

    written statement with counter claim seeking partition in

    all the plaint schedule properties as well as counter claim

    schedule 1 to 14 properties.

    The defendants No.4, 6 & 7 who engaged their

    counsel filed the written statement with counter claim
    5
    O.S.No. 1990/2018

    and sought for the relief of declaration as well as for relief

    of partition and Permanent Injunction.

    In the present suit, the defendant No.3 transposed

    himself as plaintiff No.2 as the IA filed by him came to be

    allowed.

    The defendant No.8 to 10 are impleaded during

    pendency of the suit.

    During the pendency of the suit as IA No.9 & 10

    were allowed, the plaintiff added item No.19 to 42

    properties.

    Prayer of Defendant No.4, 6 and 7 in written
    statement.

    a) for a declaration that the alleged registered Gift
    Deed dated 12.06.2015, vide document No. YAN-1-
    01425-2015-16, CD. NO. YAND 598, Book No. 1 in the
    office of the Senior Sub Registrar Yalahanka, Bangalore
    and the subsequent rectification deed dated 15.06.2016
    vide documents No. YAN-1-01692-2016-17 CD No. YAND
    629, Book No. 1, in the office of the Senior Sub-Registrar
    Yalahanka, Bangalore and the subsequent registered
    rectification deed dated 07.04.2017 vide documents No.
    YAN-1-00258-2018-19, CD No. YAND660, in the office of
    the Senior sub Registrar Yalahanka, Bangalore executed
    by the 1st defendant in favour of the plaintiff in relation to
    item No.4 of the written statement schedule property are
    not binding on them and
    6
    O.S.No. 1990/2018

    b) for a declaration that the alleged registered Gift
    Deed dated 05.03.2004, vide document No. JNR6785-
    2003-04 before Sub Registered, Jayanagara Bangalore
    executed by the 1st defendant in favour of the 3rd
    defendant in relation to item No.2 of the written
    statement schedule property is not binding on them and

    c) for a declaration that the alleged registered gift
    deed executed by the 1st defendant infavour of the 3 rd
    defendant in relation to item No.3 of the written
    statement schedule property is not binding on them and

    d) for a declaration that the alleged registered gift
    deed dated 05.04.2012, vide document No. CMP-1-
    00071-2012-13, CD No. CMPD45, Book No1 in the office
    of the Senior Sub Registered Basavanagudi
    (Chamarajapet) Bangalore is not binding on them; and

    e) for a partition and separate possession of Item Nos.
    1 to 8 of the counter claim, both Movable and immovable
    properties and allot half a share in each one of the said
    items of the aforesaid properties to the 4th defendant and

    f) for permanent injunction restraining the plaintiff
    and defendant Nos 3 and 5 from either alienating or
    encumbrance the respective items of the written
    statement schedule properties by them and

    g) for a permanent injunction restraining the plaintiff
    from proceedings further with the construction of item
    No.4 of the written statement schedule property and

    h) for a permanent injunction restraining the 3rd
    defendant from either alienating or encumbrance or
    entering into either MOU or JDA with third parties in
    7
    O.S.No. 1990/2018

    relation to item No. 1, 2 and 3 of the written statement
    schedule properties and
    I) for permanent injunction restraining the 5 th
    defendant from either alienating or encumbrance or
    mortgage or lease item No.5 of the written statement
    schedule property and

    j) to hold an enquiry with regard to mense profits
    from the date of filing of the suit till such time the
    defendant No.4 is delivered his 1/3rd share in respect of
    the written statement schedule properties.

    k) for a declaration that the alleged Registered Gift
    Deed dated 12.06.2019, vide Document No. PRN-1-
    01824-2019-20, Stored in CD No. RPND 327, Book I, in
    the office of the Sub Registrar, Jayanagar, Bengaluru
    Executed by the 3rd defendant in favour of the plaintiff,
    Gifting away item No.1 of the written Statement / Counter
    Claim schedule property is not binding on these
    defendants and as such set aside the same; and

    l) for a declaration that the deliberate encumbrance
    made by the plaintiff in favour of State Bank of India,
    SMEC Banasawadi, Bengaluru by applying for and
    availing the huge loan amount in a sum of
    Rs.2,50,00,000/- by deposit of title deeds of item No.4 of
    the written statement/ counter claim schedule property is
    not binding on these defendants and as such direct the
    plaintiff to free the said item of property from such
    encumbrance and further direct the plaintiff to discharge
    the entire loan availed by him along with up to date
    8
    O.S.No. 1990/2018

    interest personally without reference to the said item of
    property and

    m) for a declaration that the alleged Registered Will,
    allegedly executed by the 3 rd defendant bequeathing
    item No.2 of the Written Statement/ Counter claim
    schedule property is not binding on these defendants and
    as such set-aside the same.

    PLAINT SCHEDULE

    1. All the piece and parcel of the property situate at
    No. 19 and 20, 7th cross, 2nd Block, Jayanagar, Bangalore,
    measuring to an extent of 5200 square feet (80X65) and
    bound on the

    East by : Property No. 18
    West by : Private property
    North by : 7th Cross and
    South : Private property
    by

    (Note: Decree on admission already drawn).

    2. All the piece and parcel of the property situate at
    No.9, 4th cross, Madiwala, Bangalore, measuring to an
    extent of 9000 square feet and bound on the

    East by : Private property
    West by : Private property
    North by : Private property
    South : Road.

    by
    9
    O.S.No. 1990/2018

    (Note: Decree on admission already drawn).

    3. Al the piece and parcel of the property situate at
    No. 18/14 and 18/15, 1 ‘B’ Cross, Madiwala, Bangalore,
    measuring to an extent of 1980 square feet (33 X60) and
    bound on the

    East by : Private property
    West by : Private property
    North by : Road and
    South by : Private property

    (Note: Decree on admission already drawn).

    4. All the piece and parcel of the property situate at
    No.2 Hosur Road, Madiwala, Bangalore, measuring to an
    extent of 1650 square feet (30X55) and bound on the

    East by : Private property
    West by : Hosur Road
    North by : Private property and
    South : Private property
    by

    (Note: Decree on admission already drawn).

    5. All the piece and parcel of the property situate at
    No.77 Hosur Road, Madiwala, Bangalore, measuring to an
    extent of 40,000 square feet and bound on the

    East by : Road
    West by : Road
    North : Property belonging to Nagaraj and
    10
    O.S.No. 1990/2018

    by
    South : Property belonging to Vishwanth Modaliar
    by

    (Note: Decree on admission already drawn).

    6. All the piece and parcel of the property situate at
    Bommanahalli, Converted land with Industrial sheds,
    Bangalore measuring to an extent of 1 acre 20 guntas
    excluding 1 Complex situated in an area measuring about
    4800 square feet (Wherein a private person has built a
    complex by name ‘Balaji Complex’ after purchasing the
    said extent from the joint family) and about on the

    East by : Private property
    West by : Road leading to Grave yard
    North by : Grave yard and
    South : Private property
    by

    7. All the piece and parcel of the property situate at
    Rupena Agrahara, Bangalore, Vacant land measuring
    nearly 22 guntas or approximately 25,000 square feet
    and bound on the

    East by : Road
    West by : Raja Kaluve
    North by : Private property
    South : Private property
    by

    (Note: Decree on admission already drawn).
    11

    O.S.No. 1990/2018

    8. All the piece and parcel of the property situate at
    Doddabyalakhane, 3 sites measuring ’30X42′ each and
    bound on the

    East by : Private Property
    West by : Private property
    North : Road and
    by
    South : Road
    by

    (Note: Decree on admission already drawn).

    9. All the piece and parcel of the property situate at
    BTM IV Stage, Banglore measuring to an extant of 2400
    square feet (40’X60″) and bound on the
    East by : Private property
    West by : Road
    North : Lane and
    by
    South : Road
    by

    10. All the piece and parcel of the property situate No.
    14 G.K. Temple Street, Chickpet, Bangalore, measuring
    to an exent of 2680 square feet and bound on the
    East by : Private property
    West by : G.K. Temple Street
    North by : Lane and
    South by : Road

    (Note: Decree on admission already drawn).
    12

    O.S.No. 1990/2018

    11. All the piece and parcel of the property situate at
    No.15, 16 & 17, 1st Cross, Padryanapura, Bangalore,
    measuring to an extent of 4500 square feet (50′ X92′)
    and bound on the

    East by : Road
    West by : Conservancy Lane (Marginal land)
    North by : Private property and
    South by : Road

    (Note: Decree on admission already drawn).

    12. All the piece and parcel of the property situate at
    No.12, 1st Cross, Padrayanapura, Bangalore, measuring
    to an extant of 1500 square feet (30’X50′) and bound on
    the

    East by : Road
    West by : Private Property
    North by : Private property and
    South : Private property
    by

    (Note: Decree on admission already drawn).

    13. All the piece and parcel of the property situate at
    No. 12/1, Padrayanapura, Emmaar Production Building,
    measuring to and extent of 1500 square feet and bound
    on the

    East by : Private Property
    West : Road
    by
    13
    O.S.No. 1990/2018

    North : Private property and
    by
    South : Private property
    by

    (Note: Decree on admission already drawn).

    14. All the piece and parcel of the property situate at
    No.10, 1st ‘C’ Cross, 1st Main, Sudhamnagar, measuring to
    an extent of 1260 square feet (30’X42′) and bound an the

    East by : Road
    West by : Private property
    North by : Road and
    South : Private property
    by

    (Note: Decree on admission already drawn).

    15. All the piece and parcel of the property situate at
    North park Road, Sheshdripuram, measuring to an extent
    of 1500 square feet (30’X52′) and bound on the

    East by : Private Property
    West by : Park Road
    North by : Private property and
    South by : Private property

    (Note: Decree on admission already drawn).

    16. All the piece and parcel of the property situate at
    Raghavendra layout, Yeswanthpur, measuring to an
    extent of 2400 square feet (40’X60′).

    14

    O.S.No. 1990/2018

    (Note: Decree on admission already drawn).

    17. All the piece and parcel of the property situate at
    Site No. 6, No. 386/2, Dasamala Village, Hayathnagar,
    Revenue Mandal, Ranga Reddy District, Tellangana,
    measuring 4000 square feet (50’X80′)

    18. 50% at shares together standing in the name of
    defendants No.1, 3 & 4 ( in equal percentages) in the
    running business of M/s A V Exhibitors, which is in
    possession and management f the two theatres in
    Bangalore namely Sampige and Savitha as per the
    partnership deed dated 01.04.1992.

    (Note: Decree on admission already drawn).

    19. All the piece and parcel of the property in Sy.No. 37
    measuring to an extent of 0-37 guntas (including 07
    guntas of Karab) situate at Irigenahalli Village,
    Channarayapatna Hobli, Devanahalli Taluk, Bangalore
    Rural District bound on the

    East by : Boundary of Baluvanahalli Road
    West by : Property of Sri. N.M. Annaiah Park Road
    North by : Property of Sri. N.M. Ramarathnam and
    South by : Government Road

    20. All the piece and parcel of the property in vacant
    site Katha No. 122/114/56 measuring to an extent of
    4000 Sq.ft. Measuring East to West by 50ft & North to
    15
    O.S.No. 1990/2018

    South by 80 ft., situate at 1st Ward J.C. Extension, 1st
    Division, Vijayapura Town, Devanahalli Taluk, Bengaluru
    Rural District bound on

    East by : Anasuyamma’s Property
    West by : Annapoornamma’s Property
    North by : Conservancy
    South by : Municipal Road

    21. All the piece and parcel of the property in Sy.No.40
    measuring to an extant of 2 acres (including 1 guntas of
    karab) situate at Irigenahalli Village, Channarayapatna
    Hobli, Devanahalli Taluk, Bengaluru Rural District bound
    on the

    East by : Sri. N.G. Loknath’s Property
    West by : Sy.No. 41
    North by : Boundary or Dharmapura
    South by : Sri. N.G. Loknath’s Property

    22. All the piece and parcel of the property in Sy.No.41
    measuring to an extant of 2 acres situate at Irigenahalli
    Village, Channarayapatna Hobli, Devanahalli Taluk,
    Bengaluru Rural District bound on the

    East by : Sy.No. 40
    West by : Boundary or Dharmapura
    North by : Boundary or Dharmapura
    South by : Sri. N.G. Loknath’s Property
    16
    O.S.No. 1990/2018

    23. All the piece and parcel of the property in Sy.No.149
    measuring to an extant of 7 acres 06 guntas (including
    04 guntas of karab) situate at Baluvanahalli Village,
    Jangamkote Hobli,Shidlegatta Taluk, Chickabalapur
    District bound on the

    East by : Sy. No. 142
    West by : Boundary or Dharmapura
    North by : Sy.No.150
    South by : Sy.No.50/1, 156 & 166

    24. All the piece and parcel of the property in Sy.No.150
    measuring to an extant of 5 acres 38 guntas (including
    04 guntas of karab) situate at Baluvanahalli Village,
    Jangamakote Hobli, Shidlegatta Taluk, Chickabalapur
    District bound on the

    East by : Sy. NO. 142 & 51
    West by : Boundary or Dharmapura
    North by : Sy.No. 151
    South by : Sy.No. 149

    25. All the piece and parcel of the property in Sy.No.151
    measuring to an extant of 6 acres 02 guntas (including
    04 guntas of karab) situate at Baluvaahalli Village,
    Jangamkote Hobli, Shidlegatta Taluk, Chickabalapur
    District bound on the

    East by : Sy.No. 51
    West : Boundary or Dharmapura
    17
    O.S.No. 1990/2018

    by
    North : Sy.No.152
    by
    South : Sy.No. 150
    by

    26. All the piece and parcel of the property in Sy.No.152
    measuring to an extant of 6 acres 02 guntas (including
    03 guntas of karab) situate at Baluvanahalli Village,
    Jangamkote Hobli, Shidlegatta Taluk, Chickabalapur
    District bound on the

    East by : Sy.No.51
    West by : Boudary or Dharmapura
    North by : Sy.No. 153, 154 & 155
    South by : Sy.No. 151

    27. All the piece and parcel of the property in Sy.No.153
    measuring to an extant of 5 acres 01 guntas situate at
    Baluvanahalli Village, Jangamkote Hobli, Shidlegatta
    Taluk, Chickabalapur District bound on the

    East by : Sy.No.154
    West : Boudary or Dharmapura
    by
    North : Boudary of J.Venkatapura
    by
    South : Sy.No. 152
    by

    28. All the piece and parcel of the property in Sy.No.154
    measuring to an extant of 4 acres 39 guntas situate at
    18
    O.S.No. 1990/2018

    Baluvanahalli Village, Jangamkote Hobli, Shidlegatta
    Taluk, Chickabalapur District bound on the

    East by : Sy.No.155
    West by : Sy.No. 153
    North : Boudary of J. Venkatapuura
    by
    South : Sy.No. 152
    by

    29. All the piece and parcel of the property in Sy.No.155
    measuring to an extant of 4 acres 27 guntas situate at
    Baluvanahalli Village, Jangamkote Hobli, Shidlegatta
    Taluk, Chickabalapur District bound on the

    East by : Sy.No.51
    West : Sy.No. 154
    by
    North : Boundary of J. Venkatapura
    by
    South : Sy.No. 152
    by

    30. All the piece and parcel of the property in Sy.No.182
    measuring to an extant of 1 acres out of the total 2 acres
    situate at Baluvanahalli Village, Jangamkote Hobli,
    Shidlegatta Taluk, Chickabalapur District bound on the

    East by : Property belonging to N.M. Annaiah
    West : Property belonging to N.M. Ramarathnam
    by
    North : Property belonging to N.M. Ramarathnam
    by
    South : Road
    19
    O.S.No. 1990/2018

    by

    (Note: Decree on admission already drawn).

    31. All the piece and parcel of the property in
    Sy.No.25/1A measuring to an extant of 2 acres 31 guntas
    situate at Baluvanahalli Village, Jangamkote Hobli,
    Shidlegatta Taluk, Chickabalapur District bound on the

    East by : Boundary of Irigenahalli
    West by : Sy..No. 182
    North : Property belonging to N.M. Ramarathnam
    by
    South : Road
    by

    (Note: Decree on admission already drawn).

    32. All the piece and parcel of the property in Sy.No.115
    measuring to an extant of 4 situate at Dharmapura
    Village, Vijayapura Hobli, Devanahalli Taluk, Bengaluru
    rural District bound on the

    East by : Boundary of Baluvanahalli Village
    West by : Channarayapatna Road
    North by : Property belonging to Kurubara
    Muniyappa
    South by : Sy.No. 116

    33. All the piece and parcel of the property in Sy.No.116
    measuring to an extant of 2 acres situate at Dharmapura
    Village, Vijayapura Hobli, Devanahalli Taluk, Bengaluru
    Rural District bound on the
    20
    O.S.No. 1990/2018

    East by : Boundary of Baluvanahalli
    Village
    West by : Channarayapatna Road
    North by : Sy.No. 155
    South by : Hanumanyhappa S/o
    Koovappa’s Property

    34. All the piece and parcel of the property
    inChannaryapatna panchayathi Khata No. 42/36
    measuring to an extant of ½ acre (including two rooms
    on the western side of the building gifted to Govt. School,
    Baluvanahalli ) situate at Irigenahalli Village,
    Channarayaptna Hobli, Devanahalli Taluk, Bengaluru
    Rural District bound on the –

     East by                   :         Building gifted to Govt,
                                         primary School
     West by                   :         Road
     North by                  :         Road
     South by                  :         Road
    
    

    (Note: Decree on admission already drawn).

    35. All the piece and parcel of agricultural land
    measuring to an extent of 2 (two) acres in Sy. No. 113 of
    Dharmapura Village, Vijayapura Hobli, Devanahalli Taluk,
    Bengaluru Rural District bound on the

    East by : Vijayapura- Channarayapatna
    Road
    West by : Dharmapura
    Narayanaswamy’s land
    21
    O.S.No. 1990/2018

    North by : Yeluvally Sriramappa’s land
    and
    South by : Land in Sy.No. 114

    36. All the piece and parcel of agricultural land
    measuring to an extent of 1 acres 11 guntas in Sy. No.
    114 of Dharmapura Village, Vijayapura Hobli, Devanahalli
    Taluk, Bengaluru Rural District bound on the

    East by : Vijayapura- Channarayapatna
    Road
    West by : Dharmapura
    Narayanaswamy’s land
    North by : Land in Sy.No.114 and
    South by : Dharmapura Road

    37. All the stocks, Shares, Debentures in different
    Companies, Bonds of different companies/ Authhorities
    standing in the name of /belonging to Sri, N.M.Annaiah.

    38. Fixed deposites. Bank balances in Saving Account
    as well as current Accounts in the name of Sri. N.M.
    Annaiah in different Banks.

    39. All the antiques collections of watches and other
    items of valuable items held by Sri. N.M. Annaiah
    including Vehicles.

    40. All the Stocks , Shares, Debentures in different
    companies, Bonds of different Companies/Authorities
    standing in the name of / belonging to Smt. N.A. Janaki
    Bai also known as Smt. N.A. Narayanamma.
    22

    O.S.No. 1990/2018

    41. Fixed deposits, Bank balances in Savings Accounts
    as well as current in the name of Smt. N.A. Janaki Bai also
    known as Smt. N.A. Narayanamma in different Banks and
    Post offices.

    42. All the gold jewels and other items of valuable
    items held by Smt. N.A. Janaki Bai also known as Smt.
    N.A. Naryanamma including vehicles.

    Written statement schedule properties of
    defendant No.5:

    1. 50% shares in the property bearing Municipal No.
    1006/1, New No. 76-47-1/3, property known as ‘Sampige
    and Savitha Theatres’ measuring East to West 250 ft.

    North to South 150 ft., situated at Sampige Road,
    Malleshwaram, Bangalore and bounded on the East by
    Road, West by Mantri Apartments , North by Road and
    South Property in occupation of LIC.

    2. All that piece and parcel of the property bearing
    Sy.No. 5/1, measuring 13 guntas at Beratana Agrahara,
    Beguru Hobli, Banagalore South Taluk and bounded on
    the East by Saraswathammal and KR Rajakrishna Reddy
    property, West by Bangalore- Hosur Road, North by
    Rajakrishna Reddy property and South by K.R.
    Rajakrishna Reddy Property.

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    O.S.No. 1990/2018

    3. All the piece and parcel of the property bearing Site
    No. 18, 7th Cross , II Block, Jayanagar, Bangalore
    measuring East to West 40 ft., North to South 65 ft., and
    bounded on the Site No. 17 West by Site No. 19, North by
    road and South by Site No.27.

    4. All that piece and parcel of the property bearing
    Sy.No. 12/3, situated at Madiwala Village, Begur Hobli,
    Bangalore South Taluk, measuring East 388 ½ ft., West
    by 3266 ft., North by 55 ft., and South by 34 ft., in all
    measuring 15 ½ guntas and bounded on the East by Smt.
    Gowramma land, West by KRS Murthy land, North by
    Road and South by B. Gundappa’s land.

    5. All the piece and parcel of the property bearing PID
    No. 66-12-05 ( Old No. 5), 4 th Main Road, Madiwala
    Extension, Bangalore standing in the name of 3 rd
    defendant.

    6. All that piece and parcel of the property bearing No.
    19/8-1, 4th Main Road, Old Fathima School, Chinnamma
    Layout, New Extension, (Madiwala Ward No. 172)
    Bangalore 560068.

    7. All that piece and parcel of the property bearing No.
    1599/1, PID No. 005-W2197-19, Nehru Nagar, Yelahanka
    Old Town, Bangalore 560064, ( now within BBMP limits )
    having a commercial complex with four floors building
    measuring East to West 84 ½ + 102 ½ , North to South
    24
    O.S.No. 1990/2018

    60 ft., in all measuring 5610 Sq.ft., and bounded on the
    East by channegowda property, West by Highway, North
    by Nehru Nagar Main road and South by site No.2.

    8. (Property standing in the name of 5th
    defendant – vacant land gifted by 3 rd defendant
    and developed by of 5 th defendant evicting the
    them existing tenants at her cost) All that piece and
    parcel of the property bearing Old No. 148, New No. 162,
    situated on 3rd main Road, Chamarajapet, Bangalore
    560018 measuring East to West 30 ft., North to South
    110 ft., in all measuring 3300 sq.ft., and bounded on the
    East by property of Govindaraju Mudallar, West by
    property of Annayappa Chennappa, North by
    conservancy and South by 3rd Main Road.

    9. ( Land acquired by BBMP – Compensation of
    about Rs. 4.00 crore deposited in Court) All that
    piece and parcel of the property bearing No.1 Platform
    Road, Malleshwaram , Bangalore -3.

    10. Compensation amount received from M/s.
    Bangalore Metro Railway Corporation Ltd., (BMRCL) in
    respect of the land bearing BBMP Katha No. 457/17/5, in
    Sy.No. 17/5 of Rupena Agrahara, Begur Hobli, Bangalore
    South Taluk, Towards the acquisition of about 5000 sq.ft.,
    of land.

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    O.S.No. 1990/2018

    11. Outstanding in SB Account No. 00092100004385
    maintained at M/s. HDFC Bank, Kasturba Road, Bangalore
    stainding in the name of deceased Defendant No.1
    Annaiah NA.

    12. Outstanding in SB Account No. 10386330503
    maintained at M/s. State Bank of India, Jayanagar Branch,
    Bangalore standing in the name of deceased of
    defendant No.1 – Annaiah NA.

    13. Gold, silver, Diamond Jewelleries in the custody of
    plaintiff Dr. Anirudh, defendant No.3 N.A. Venugopal,
    Smt. Menaka Venugopal, w/o N.A., Venugopal and Smt.
    Usha, daughter in law of N.A. Venugopal.

    14. 1/3 rd Share standing in the name of N.A.
    Venugopal in partnership firm A.V. Exhibitors – Sampige
    and Savitha Theatres.

    Written statement schedule properties of
    defendant No.4,6& 7.

    1. All that piece and parcel of the immovable property
    bearing Survey No. 5/1, measuring 94,743 square feet of
    land situate in Beratena Agrhara, Beguru Hobli,
    Bangalore South Taluk, and Bounded on East by:

    Saraswathamma & K.R. Rajakrishna Reddy’s land and
    West by K.R. Rajakrishna Reddy and Bangalore Hosooru
    26
    O.S.No. 1990/2018

    main Road, North by Rajakrishna Reddy’s Land and South
    by K.R. Rajakrishna Reddy’s Land.

    2. All that piece and parcel of the immovable
    property bearing Site No. 18 situate in 2 nd Block,
    Jayanagar (7th Cross) extension, and bounded and East
    by: Site No.17, West by: site No. 19, North by: Road and
    South by site No. 2 measuring East to West 40 feet and
    North to Southh 65 feet.

    3. All that piece and parcel of the immovable property
    bearing Survey No. 12/3 situate in Madiwala Village,
    Beguru Hobli, Bangalore South Taluk, Measuring East by
    388 ½ feet West by 366 feet, North by 55 feet and South
    by 34 feet totally measuring 15 ½ Guntas of land and
    bounded on East by: Smt. Gowramma wife of Gundappa
    an dher Chldren, West by: Remaining Land in the Same
    Survey No. belonging to Sri. K.R.S. Murthi,North by: 30
    feet Road and south by: Badanapalli Gundappa’s Land.

    4. All the piece and parcel of the immovable property
    bearing vacant site bearing No.1599/01, New PID No.
    005-W2197-19, old Municipal Khatha No. 441/1, presently
    BBMP Khatha No. 110/109/467/387/1, Nhru Nagar,
    yelahanka Old Town, Yelahanka, Bangalore-560064, Now
    in BBMP Limits, Kempegowda Ward No.01, measuring
    East to West (84 ½ +102 102 ½) 2 feet and North to
    South 60 feet, in all 5610 square feet, and bounded on
    East by: Previously Conservancy Road, Presently
    27
    O.S.No. 1990/2018

    Channegowda’s Property, West by: Bangalore – Bellary
    Road (old), North by: Nehru Nagar Main road and South
    by: Site bearing No.2.

    5. All that piece and parcel of immovable property
    bearing old No. 148 and New No. 162, situate on 3 rd Main
    Road, Chamrajpet, Bangalore 560018, measuring East to
    West 30 feet and North to South 110 feet in all measuring
    3300 square feet and bounded on East by: Property
    belonging to Govendaraju Mudaliar, West by: Property
    belonging to Annaiahyappa Chennappa, North by:

    Conservancy; and South by: 3rd Main Road.

    6. All that piece and parcel of the vacant land bearing
    plot No.1, Platform Road, Malleshwaram , Bangalore
    560003 measuring East to West 94 feet and on the
    Western side and 131 feet on the Eastern side and North
    to South 24 feet on the Western side and 96 feet 8 inches
    on the Eastern side and bounded on East by Platform
    Road, North by: Plot No.2, West by: Nulla and South by:

    Property belonging to Southern Railways.

    7. Gold Oranments belonging to N.M. ANNAIAH –
    1st defendant

    a) One Gold long Chain

    b) One gold Neck Chain.

    c) One Gold Wrist Chain (Hud dara)

    d) One gold Bracelet.

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    O.S.No. 1990/2018

    e) 3 Gold Diamond Rings-9 stone, 5 stone and 1
    stone.

    7 a) Watches belonging to N.M. ANNAAH- 1st
    defendant
    Watches are taken by N.A. Annaias whenn he
    moved to N.A. Venugopala House in the year 2018.
    7-b). Car Registered in the name of N.M. ANNAIAH –
    1st defendant
    Honda City Car- 1.5 GX1 2004 Bearing No. KA-04-
    MA7299.

    7.c). Bank accounts Belonging To N.M. Annaiah-1st
    defendant.

    a) State Bank of India, Jayanagar 2nd Block Branch.

    Account No.10386330503.

    b) The then State Bank of Mysore Now State bank
    of India.

    Malleshwaram Branch A/c No. 54047962984.

    c) The Bharath Co- Operative bank (Mumbai) ltd
    Now Bharath bank, K.H. Road Branch. Current
    Account No. 002112100004133.

    d) Post office Jayanagar III Block S.O. Savings
    bank General- With Chque book, C/F/D No.
    3004862358, A/c No. 3013696406.

    8. GOLD ORNAMENTS BELONGING TO N.A.
    NARAYANAMMA @ N.A. JANAKAMMA-2nd defendant.

    a) 8 pair gold Bangles each weighng 100 gm/
    pair= totally 800 grams.

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    O.S.No. 1990/2018

    b) 2 pair Stone Bangles weighing weighing totally
    300 grams.

    c) 10 Number Gold Neck Chains each weighing
    80 grams= totally 800 grams

    d) 1 gold wrist belt (Dabu) weighing 400 grams.

    e) 1 gold 5 layer chain weighing 350 grams

    f) 2 pairs of Diamond ear studs.

    g) 3 Diamonds Nose studs.

    h) 2 Diamonds Stone Rings.

    I) 4 Gold Stone Rings.

    j) 4 Stone Neckless (white & Blue stone etc.,)

    k) 12 layer pearls Chain.

    l) 1 Pearls Neckless.

    m) 1 Coral Necklace.

    n) 1 American Diamond

    o) 2 Gold Teka Chains with pendent.

    p) 8 Gold and Stone ear Rings.

    q) 1 Mangala Chain with Mangalya.

    r) 2 Gold Ear Mati Chain.

    s) 2 Silver Wrist Belts each weighing 500 grams.

    t) 100 Costly silk Designer Saris.

    8-a) BANK ACCOUNTS BELONGING TO N.A
    NARAYANAMMA @ N.A. JANAKAMMA

    a) State bank of India Jayanagar II Block Branch.

    Current Account No. 10386330490.

    b) The then Andhara Bank Now Union Bank f
    India Jayanagar Branch SB A/C No.
    027310011010707. (Nominee N.A. RAVIGOPAL)
    30
    O.S.No. 1990/2018

    The Plaint averments are briefly stated as follows:-

    The Plaintiff is the great grand son of Late N.A.

    Munivenkatappa who was a successful businessman

    during his lifetime. The said A. Munivenkatappa is

    succeeded by his son Mr. N.M. Annaiah the 1 st defendant.

    Sri.N.M Annaiah the grand father of plaintiff developed

    the ancestral properties which he inherited from his

    father, Late A. Munivenkatappa, by virtue of a registered

    partition deed dated 31-3-1952 bearing No.4265 of 1951-

    52 in Book I of the Office of the Sub-Registrar Bangalore

    and also has acquired several other immovable

    properties from the nucleus of the joint family income,

    both in his name as well as in the name of his wife Smt.

    Janaki Bai. @ N.A. Narayanamma-the grand mother of the

    plaintiff herein and has been arrayed as the 2 nd defendant

    in this case and also in the name of the fourth defendant

    herein who is the youngest son the first defendant.

    Defendant No.3 is the father of plaintiff and eldest son of

    defendant No.1. 4th defendant is the younger brother of

    defendant No.3. Defendant No.5 is the sister of plaintiff

    and daughter of third defendant. Defendants No.6 and 7
    31
    O.S.No. 1990/2018

    are sons of defendant No.4. For better understanding the

    plaintiff who furnished the family tree of plaintiff and

    defendants, who together form the joint family after the

    aforesaid partition dated 31-3-1952 between A.

    Munivenkatappa and his Sons N.M. Narayanaswamy; N.M

    Ramaswamy; N.M Annaiah (The first defendant herein) &

    N.M.Venkatesh. The joint family consisting of

    aforementioned members do own several movable and

    immovable properties. Though some of the properties

    have been acquired from the joint family nucleus, the

    same are purchased in the names of defendants No.1,2

    and 4. some of the properties have been inherited by

    defendants 1 and 2. All the properties are listed and

    morefully described in the schedule. Plainitff being a

    coparcener is in joint and constructive possession of all

    the joint family properties detailed in the plaint schedule.

    The plaintiff submitted that during the past one decade

    the health of defendant 1 and 2 as deteriorated and

    there have been irreconcilable conflicts between

    defendants No.3 and 4 as a result the joint family

    properties have not been effectively utilized and

    appropriate income in correlation with the potential of
    32
    O.S.No. 1990/2018

    the joint family properties, has not been generated.

    There have been frequent muted wars and ego clashes

    between the joint family members on account of which

    despite every joint family member’s need, desire and

    demand to partition the joint family properties could not

    be amicably achieved. Several discussions and family

    panchayaths could not yield the desired results on

    account of one-up manship attitude of some of the joint

    family members. In order to put an end to the on going

    family feud and to bring about an amicable settlement

    and to effect lawful partition of the joint family properties

    in a proper, legal and an effective manner, plaintiff has

    opted to prefer the present suit for partition of joint

    family properties by metes and bounds. There is no other

    effective remedy available in law other than filing this

    suit for partition. Hence, the suit.

    2. The written statement of the defendants

    No.4, 6 & 7 with counter claim is briefly stated as

    follows.

    33

    O.S.No. 1990/2018

    The defendant Nos. 4 and 7 submit that the suit

    filed by the plaintiff against the defendants including

    them seeking for partition and separate possession of

    the suit schedule properties is not maintainable in law.

    Infact, the plaintiff having totally different cause of

    action against the defendant Nos. 1 and 2 in respect of

    the respective items of the suit schedule properties

    even if there be any, has filed the above suit against

    defendant Nos. 1 and 2, when infact, the

    plaintiff should have filed 2 separate suits against the

    defendants Nos. 1 and 2 and other defendants

    including these defendants, on which ground alone the

    above suit is liable to be dismissed. Moreover, the

    entire claim is silent as to which items of the suit

    schedule properties are the joint family properties

    standing in the name of the 1st defendant and which

    items of suit schedule properties are either the joint

    family properties or self acquired properties of the 2nd

    defendant and as such the entire claim of the plaintiff

    is ambiguous and incapable of being made out by the

    plaintiff himself. In addition to the above, the plaintiff

    along with the plaint has produced only the
    34
    O.S.No. 1990/2018

    certified copy of the registered partition deed dated

    31/3/1952 duly executed between the father of the 1st

    defendant and his sons including the 1st defendant in

    the above suit, the subject matter of which partition

    deed relates to only some items of suit schedule

    properties. With regard to the other items of

    suit schedule properties, the plaintiff has not chosen to

    produce the certified copies of title deeds standing in

    the name of either the 1st defendant or 2nd defendant

    and has also not bothered to produce the latest

    encumbrance certificate in respect of all the items of

    suit schedule properties. The plaintiff has cleverly

    not incorporated 6 items of immovable properties

    which are also having the nature and character of

    ancestral properties, in respect of which even though

    the 1st defendant is not the absolute owner, the

    plaintiff, his father who is the 3rd defendant in the

    above suit and his sister who is the 5 defendant in the

    above suit have managed to procure the registered

    Gift Deeds in their favour from the 1 st defendant

    and the subject matter of the said Gift deeds is the

    subject matter of the counter claim made by these
    35
    O.S.No. 1990/2018

    defendants, which items of the Gifted properties are

    the written statement schedule properties, in respect

    of which the necessary reliefs of declaration and

    partition are sought for by these defendants by way of

    counter claim. The item Nos. 1,4,5, one site in item No.

    8, 11 and 12 of the plaint schedule properties

    are owned and standing in the name of 1st defendant

    in the above suit. Likewise, the item Nos. 2, 3,7, two

    sites in item No. 8.Two sites in item No. 10 and one

    site in item No. 10 came to be released by the 1st

    defendant in favour of the 2nd defendant. Item No. 14

    is owned and standing in the name of the 2nd

    defendant in the above suit. With regard to item No. 6

    of the plaint schedule property, it was purchased in the

    name of the 4th defendant. With regard to item No. 9

    of the plaint schedule property it was owned by the

    mother of the 2nd defendant and after her death, the

    2nd defendant being the only legal representative to

    her mother succeeded to the same and subsequently

    the 2nd defendant in turn executed and registered the

    Gift Deed, Gifting away item No. 9 of the

    plaint schedule property in favour of her younger son
    36
    O.S.No. 1990/2018

    who is the 4th defendant in the above suit. The 4th

    defendant has mortgaged the said item of property by

    way of deposit of title deeds in favour of the Bank for

    the purpose of raising loan and has put up construction

    of a Hotel Building and the said loan is still to be

    discharged by him. With regard to 2 sites in item No.

    10 of the plaint schedule property which was owned by

    the mother of the 2nd defendant in the above suit and

    after the death of Smt. Dasamma the 2nd defendant

    became the absolute owner of the 2 sites in item No.

    10 of plaint schedule property by virtue of the

    registered will executed by Smt. Dasamma in favour of

    her only daughter who is the 2nd defendant in

    the above suit. However, one site in item No. 10 of the

    plaint schedule property was purchased by the 1st

    defendant who in turn executed and registered the

    release deed in favour of his wife, who is none other

    than the 2nd defendant in the above suit. With regard

    to item No. 13 of the plaint schedule property which

    was owned by the mother of the 2nd defendant, viz.,

    Smt. Dasamma and after her death the 2nd defendant

    being her only legal representative succeeded to the
    37
    O.S.No. 1990/2018

    same. With regard to item No. 14 of plaint schedule

    property it is the 2nd defendant who purchased the

    same under the registered sale deed. With regard to

    item No. 15 of the plaint schedule property the

    1st defendant got to his share the said item of property

    under the registered partition deed dated 31/3/1952

    between his father, himself and his 6 Brothers. With

    regard to item No. 16 of the plaint schedule property,

    the said item came to be purchased by the 2nd

    defendant under the registered sale deed. With regard

    to item No. 17 of the plaint schedule property it

    came to be purchased by the 4th defendant under the

    registered sale deed dated 30/8/1993 duly executed by

    Sri. K. Peddi Raju and T. Govardhan Rao for a sale

    consideration of Rs. 6,480/- and the said item of

    property is the self acquired property of the

    4th defendant which is not liable to be partitioned

    between the plaintiff and the other defendants in the

    above suit. With regard to item No. 18 of the plaint

    schedule property wherein presently 2 Theaters by

    name ‘Sampige’ and ‘Savitha’ are situate, the then

    vacant site came to be purchased by defendant Nos.
    38

    O.S.No. 1990/2018

    1,3,4 and the Brother of the 1st defendant by name

    Sri. N.M. Venkatesh. In the said item of property

    the defendant Nos. 1, 3 and 4 have together 50%

    share and the Brother of the 1st defendant by name

    Sri. N.M. Venkatesh who is no more had the remaining

    50% share in the said item of property. However, after

    the death of Sri. N.M. Venkatesh during the year 1977,

    his wife and 2 sons have succeeded to 50% in the said

    item of property. Even during the life time of Sri. N.M.

    Venkatesh, he along with defendant Nos. 1, 3 and

    4 constituted a registered firm under the name and

    style ‘M/s A.V. Exhibitors’ for the purpose of running

    the 2 theaters mentioned above. After the death of Sri.

    N.M. Venkatesh in terms of one of the covenants of the

    partnership deed his wife and 2 sons have also become

    the partners of M/S. A.V. Exhibitors along with

    defendant Nos. 1, 3 and 4. Consequently, the plaintiff

    No.1 being the son of the 3rd defendant is not entitled

    to 1/6th share in the said item of property. Both

    the plaintiff No.1 as well as the 3rd defendant were

    fully aware of the fact that item No. 1 of the written

    statement /counterclaim schedule property is one of
    39
    O.S.No. 1990/2018

    the subject matters of the court claim in respect of

    which the necessary relief of declaration is also sought

    for by defendant Nos. 4, 6 and 7. In fact, the defendant

    Nos. 4, 6 and 7 have also filed an application seeking

    for an order of Temporary Injunction restraining

    the 3rd defendant from either alienating or

    encumbering item No. 1 of the written statement/

    counterclaim schedule property and the said

    application is pending consideration”. Even during the

    pendency of the above suit and the application filed

    by them for Injunction in respect of item No 1 of the

    written statement/counterclaim schedule property

    which was/is well within the knowledge of both the 3rd

    defendant and the plaintiff No.1, the 3rd defendant by

    playing fraud on these defendants has clandestinely

    Executed and Registered the Gift Deed

    dated 12/06/2019, Gifting away the item No. 1 of the

    written statement /Counterclaim schedule property

    in favour of the plaintiff even during the pendency of

    the above suit. In fact, it is the 5th defendant who is

    the Daughter of the 3rd defendant and younger sister

    of the plaintiff No.1 who informed these defendants
    40
    O.S.No. 1990/2018

    about the aforesaid Registered Gift Deed which made

    these defendants to apply for the

    Encumbrance Certificate and after obtaining the same,

    the fact of the Execution and Registration of the

    aforesaid Gift Deed came to the knowledge of these

    defendants and subsequently they applied for and

    secured the Certified Copy of the aforesaid Gift Deed.

    The plaintiff No.1 is not entitled to 1/6th share in the

    plaint schedule properties at all. Even according to the

    plaintiff No.1 it is his case that the plaint schedule

    properties are the ancestral properties. However, the

    entire plaint is silent with regard to the items of the

    plaint schedule properties which are standing in the

    name of the 1st defendant and the item of plaint

    schedule properties which are standing in the name of

    the 2nd defendant. Moreover, some of the

    plaint schedule properties cannot be made out in the

    absence of its situation, measurements and with

    reference to boundaries. In respect of certain items

    of plaint schedule properties standing in the name of

    the 1st defendant, the defendant Nos. 1, 3 and 4 are

    each entitled to 1/3rd share except item No. 17 of the
    41
    O.S.No. 1990/2018

    plaint schedule property which is the self acquired

    property of the 4th defendant and not liable to be

    partitioned between the plaintiff and the defendants. In

    turn, the plaintiff and defendant Nos. 3 and 5 would

    each become entitled to 1/9th share from out of the

    1/3rd share of the 3rd defendant. Like wise, in respect

    of the 1/3rd share of the 4th defendant, the Defendant

    Nos. 4, his 2 sons viz., defendant Nos. 6 and 7 would

    be entitled to 1/9th share each from out of 1/3rd share

    of the 4th defendant in the plaint schedule property

    except item No. 17 of the plaint schedule property

    which is the self acquired property of the

    4th defendant and not liable to be partitioned between

    the plaintiff and the defendants. With regard to certain

    items of the plaint schedule properties standing in the

    name of the 2nd defendant, some of which items of

    properties came to be purchased by the 1st defendant

    in the name of the 2nd defendant are ancestral

    properties, the said items of properties having been

    purchased from out of the nucleus of the joint family

    accretions and certain items of plaint

    schedule properties which came to be succeeded to by
    42
    O.S.No. 1990/2018

    the 2nd defendant by virtue of the will executed by the

    mother of the 2nd defendant in her favour also

    assumes the character of an ancestral property, in

    respect of which the 2nd defendant, the 3rd defendant

    and the 4th defendant have 1/3rd share each

    in respect of the said items of properties. In turn, the

    3rd defendant along with the plaintiff and the 5th

    defendant in the above suit would become entitled to

    1/9th share each from out of the 1/3rd share of the 3rd

    defendant. Likewise, the 4th defendant along with the

    defendant Nos. 6 and 7 would become entitled to 1/9th

    share each from out of the 1/3rd share of the 4th

    defendant in the above suit. The plaintiff

    and defendant Nos. 1, 2, 3, 5,6 and 7 are not entitled

    to any share in item No. 17 of the plaint schedule

    property, since the said item of property is the self

    acquired property of the 4th defendant and not liable

    to be partitioned. The genealogical tree at the end

    of Para III of the plaint and as such the relationship

    between the parties to the suit is admitted. It is true

    that the father of the 1st defendant was one A.

    Munivenkatappa. The said Munivenkatappa along with
    43
    O.S.No. 1990/2018

    his sons including the 1st defendant in the above suit

    executed and registered the partition deed dated

    31/3/1952 vide document No. 4265/1951-52 in Book

    No. 1 in the office of the Sub-Registrar Bangalore. The

    1st defendant, who is one of the parties to the

    aforesaid partition, got to his share of following items

    of properties;

    a) All that piece and parcel of the shop Nos.
    146, 147 and 148 situate at Neharunagar,
    Seshadripuram, Bangalore measuring East to
    West 28 Feet and North to
    South 37+39/2bounded by East by: vacant site,
    West by: Narasingarayara’s House, North by:

    conservancy lane and South by Main Road.

    b) All that piece and parcel of House
    property bearing No. 148, situated at 3rd
    Cross, Chamarajapet measuring East to West
    30 Feet and North to South 110 feet, bounded
    on East by: Govindaraju Mudaliyar’s House,
    West by: Annaiayappa and Channappa’s House,
    North by: Conservancy Lane and South by Main
    Road.

    c) All that piece and parcel of Municipal site
    No. 12, situated at Vadigenahalli, Devanahalli
    Taluk, measuring East to West 50 feet and
    North to South 80 feet bounded on East by:

    Site No. 13, West by: Site No. 11, North by:

    Road and South by; Conservancy Lane.

                           44
                                             O.S.No. 1990/2018
    
    d)     Piece and parcel of land bearing Sy. No.
    60/1     measuring        4 acres   situated      at
    Ayyebasapura,                 Channarayapattanna
    

    Hobli, DevanahalliTaluk bounded on East by
    Muniyappa’s land, West by: Halla, North by:

    Halla and South by Munisamappa’s Land.

    e) Piece and parcel of land bearing Sy. No. 60/2
    measuring 4- acres 12
    guntas land situated at Ayyebasapura, Channar
    ayapattanna Hobli, DevanahalliTaluk bounded
    on East by Muniyappa’s land, West by: Halla,
    North by: Halla and South by Munisamappa’s
    Land.

    f) Piece and parcel of land bearing Sy. No. 50,
    measuring 24 acres land situated at
    Baluvanahalli, Jangama Hobli. Shidlagatta Taluk,
    bounded on East by: Government Land, West
    by: Shatakundahalli, Dharmapurada Elle, North
    by: Venkatapurada Elle and South by Kalachai’s
    Land.

    g) Piece and parcel of Tarasi House situated at
    Joddihosooru, Channarayapattana Hobli,
    DevanahalliTaluk bounded on East by Road,
    West by: Road, North by: Road and Soth
    by: Narayanappa’s House.

    h) Piece and parcel of MaligeHouse situated at
    Joddihosooru, Channarayapattana Hobli,
    DevanahalliTaluk bounded on East by: Vacant
    Land, West by: Road, North by: Road and
    South by: Aanjamappa’s House.

    45

    O.S.No. 1990/2018

    a) CASH OF Rs. 1,000/-.

    b) Silver and Gold Articles Worth Rs. 6,320/-.

    c) Insurance Worth Rs. 3,872/-

    d) Ralli Cycle and Furniture’s worth Rs. 459/-

    e) Brass Articles Worth Rs. 200/-.

    f) Iron Wood Desk Worth Rs. 110/-.

    g) Silk Shop Balance Worth Rs. 75,181/-.

    3. Thus the defendants have taken contention that

    except item No.17 of the plaint schedule property which

    is self acquired property of the defendant No.4, the

    plaintiffs and the defendant No.1, 3 (now transposed as

    plaintiff No.2) and defendant No.4 are entitled for equal

    share in the plaint schedule properties.

    4. The defendants have taken contention that under

    the partition deed dated 31.03.1952 8 items of

    immovable properties, (a) cash of Rs. 1,000/-. b) Silver

    and Gold Articles Worth Rs. 6,320/-. c) Insurance Worth

    Rs. 3,872/- d) Ralli Cycle and Furniture’s worth Rs.

    459/- e) Brass Articles Worth Rs. 200/-. f) Iron Wood Desk

    Worth Rs. 110/-. g) Silk Shop Balance Worth Rs. 75,181/-,

    totally valued at Rs.1,33,192/- fallen to the share of the

    defendant No.1. The defendants No.4, 6 & 8 have sought

    for 1/3rd share of defendant No.4 in relation to item No.1

    to 8, 10 to 16 of the plaint schedule properties and 1/3rd
    46
    O.S.No. 1990/2018

    share out of or 50% share in item No.18 of the plaint

    schedule property which in turn results in 1/9th share

    each out of 1/3rd share of defendant No.4 to the

    defendants No.4, 6 & 7.

    5. The defendants No.4, 6 & 7 have further contended

    that the plaintiffs deliberately left out counter claim

    schedule properties. Item No.1 of the written statement

    schedule property came to be purchased by 1 st defendant

    in the name of the defendant No.3 under registered sale

    deed dated 15.04.1974. from out of income derived by

    the 1st defendant from both ancestral and joint family

    properties and entire sale consideration was paid by the

    defendant No.1. Hence, this item no.1 of written

    statement property is the joint family property. Item No.2

    of the written statement property which was then vacant

    site bearing No.18 measuring East to West 40 ft. and

    North to South 65 ft. which came to be purchased by the

    defendant No.1 under the registered sale deed executed

    by CITB out of the joint family income and hence, this

    property is also joint family property. The defendant

    No.1 is not having absolute ownership over the suit

    schedule property . The defendant No.1 had no right to
    47
    O.S.No. 1990/2018

    execute the Gift Deed in favour of the defendant No.3.

    With regard to item No.3 of the written statement

    schedule property it was came to be purchased by the

    defendant No.1 under the registered sale deed dated

    04.05.1966 for sale consideration of Rs.3,000/- from out

    of joint family income. The defendant No.1 has no

    exclusive right over the same in order to execute Gift

    Deed in favour of the defendant No.3. Item No.4 of

    written statement schedule property came to be

    purchased by the defendant No.1 in the Municipal auction

    under the registered sale deed in his name from out of

    income derived by him from several ancestral properties

    which came to be allotted to the share of 1 st defendant

    under registered partition deed dated 13.03.1952. Item

    No.5 of written statement property is the ancestral

    property of the plaintiff and defendants. Since it is the 1 st

    defendant who got his share in the said item of property

    under the partition deed dated 19.03.1952, the

    defendant No.1 who has no absolute right over the same

    executed registered Gift Deed dated 07.04.2012. The

    defendant No.5 has no absolute right over the same by

    way of gift deed. This property is the joint family property
    48
    O.S.No. 1990/2018

    of the plaintiff and the defendants. Item No.6 of the

    written statement schedule property bearing Plot No.1,

    platform road, Malleswaram, Bengaluru measuring in all

    7000 sq.ft. purchased by the defendant No.1 in the name

    of defendant No.3 under the registered sale deed. At the

    time of purchase of the property defendant No.3 was

    hardly aged 18 years and he was no source of income.

    The defendant No.1 purchased this property out of

    nucleus of joint family income. Hence, it is joint family

    property. This property acquired by BBMP for widening

    platform road and the compensation amount of

    Rs.6,45,39,439/- was awarded and said compensation

    amount deposited in Misc.No.634/2014. In that Misc.

    case neither 1st plaintiff nor defendants No.4, 6 & 7 were

    made as parties. Since item No.6 of the property is also

    joint family property liable to be partitioned. The branch

    of defendant No.4 together entitled ½ share in it. The

    branch of plaintiff No.2 entitled for ½ share. The

    defendant No.3 utilized joint family funds for the purpose

    of doing business and incurred huge loss. The defendant

    No.4 is entitled for equal share in counter claim schedule

    properties along with plaintiff No.2 and defendant No.1.
    49

    O.S.No. 1990/2018

    The defendant No.1 died on 01.11.2020 leaving behind

    him surviving defendant No.3 (now transposed as plaintiff

    No.2) and defendant No.4 as his legal representatives.

    The defendant No.1 was residing along with 4 th defendant

    and his family members till the year 2018. The 2 nd

    defendant was also living with the 1 st defendant. But

    during the year 2018 the 1st defendant joined his wife,

    who started living in the house of the defendant No.3, at

    the time of 1st defendant left the house of the defendant

    No.4 and started living in the house of defendant No.3,

    he was in possession and custody of several items of

    jewels which were all owned by him. All the jewels which

    are mentioned in the written statement schedule

    properties are joint family properties. The gift deeds

    executed by defendant No.1 are not binding on these

    defendants. Hence, the defendants prayed for decre

    counter claim.

    1. The written statement filed by the

    defendant no. 1 to 3 to the plaint as well as

    counter claim is as follows.

    The averments made in Paragraph No. III of the plaint in

    so far as relationship between the parties is admitted.
    50

    O.S.No. 1990/2018

    The averments made in Para No. III-2 regarding the joint

    family of the parties owned several movable and

    immovable properties and that some of the properties

    have been purchased out of joint family nucleus which

    are purchased in the name of defendant No. 1, 2 and 4

    are admitted. The further averments that the plaintiff is a

    coparcener and he is in constructive possession of the

    joint family property is admitted. It is contended that

    these defendants are also coparceners who are entitled

    for share and they are also in constructive possession of

    the suit schedule properties. The contention of the

    plaintiff that during the past one decade, the health of

    the defendant no.1 and 2 has deteriorated is denied as

    false. All the averments made in para no. III (4) of the

    plaint are denied as false. These defendants have taken

    contention that there was a family business of father of

    the defendant no. 1 wherein defendant No. 1 was getting

    income. The defendant no. 3 who is a qualified well

    educated person during his younger days working as a

    manager in Ennem Polpax company from 1972 to 1976

    and was drawing salary of Rs 1,000 per month. The

    defendant no. 1 and 2 till the date of their filing this WS
    51
    O.S.No. 1990/2018

    have not executed any will or codicil in respect of any of

    the suit schedule properties. However they intend that

    their share in all the properties shall go in favour of

    defendant No. 3 and 4 in equal shares. These defendants

    executed registered gift deeds in favour of plaintiff,

    defendant no. 5 and defendant no. 7. The property which

    gifted in favour of defendant no. 7 is mentioned as item

    no. 9 of suit schedule property. The property is gifted in

    favour of plaintiff and defendant no. 5 are the self

    acquired/ exclusive properties of defendant no. 1. The

    properties which are included with the written statement

    schedule are not partible. The contention of the

    defendant no. 4 is that plaint schedule item no. 17 is his

    self acquired property is denied as false. This property

    purchased from joint nucleus of the joint family of

    defendant no. 1. The contention of the defendant no. 4 is

    that Item No. 1 of Written statement schedule property

    had purchased in the name of defendant no. 3 is denied

    as false. Further contention that Item No. 2 of WS also

    purchased by defendant no. 1 out of joint family income

    is denied as false. Infact the said property had been

    purchased by defendant no. 1 out of his earning and that
    52
    O.S.No. 1990/2018

    properties are not available for partition. The defendant

    no. 1 gifted the same in favour of the defendant no. 3.

    The Item No. 3 of WS also purchased by defendant no. 1

    out of his individual income. Hence he had gifted the

    same in favour of defendant no. 3. The contention of the

    defendant no. 4 is that Item No. 4 of WS purchased by

    the defendant No. 1 in the municipal auction by utilizing

    the joint family funds, is denied as false. It is admitted

    that several ancestral properties were allotted to the

    share of defendant no. 1 under registered partition deed

    dated 13.03.1952. However the said properties have not

    been blended with that of the individual properties

    purchased by the defendant No. 1. It is admitted that

    Item No. 5 of Written statement property had come to

    defendant No. 1 under registered partition deed of the

    year 1952. Since the defendant No. 5 served the family

    including its business as a practicing lawyer and rendered

    her professional services without charging any fees,

    hence defendant No. 1 gifted Item No. 5 in favour of the

    defendant No. 5. Hence the colour of jointness of the

    property is lost. The contention of the defendant no. 4 is

    that Item no. 6 of WS had been purchased in the name of
    53
    O.S.No. 1990/2018

    defendant no. 3 by the defendant no. 1 by using joint

    nucleus of the property is incorrect. Infact defendant no.

    3 was helping the family business from his young age. In

    view of service rendered by defendant No. 3, the brothers

    of the first defendant namely NM Narayanasyamy, NM

    Ramaswamy, NM Venkatesh have funded to purchase the

    property out of their self earnings. The contention of the

    defendant no. 4 that the defendant no. 3 utilized joint

    family funds of Rs 25,00,000 and he also started techno

    plant, poultry farm, grape farm etc and suffered loss is

    denied as false. The contention of the defendant no. 4 is

    that, defendant no. 1 purchased the written statement

    schedule properties out of joint family nucleus is denied

    as false. The claim made by the defendant no. 4, 6 and 7

    in their written statement hopelessly barred by law of

    limitation. The court fee paid is insufficient. Hence on

    these grounds, the defendant no. 1 and 2 prayed to grant

    them 3/9th share and defendant No. 3 prayed to grant

    him 1/9th share and to pass preliminary decree.

    2. The written statement filed by defendant No.

    5 along with counter claim is briefly stated as

    follows.

    54

    O.S.No. 1990/2018

    The family tree mentioned in the plaint is admitted.

    Admitted all the suit schedule properties along with

    undisclosed items of the properties by the plaintiff for the

    reasons best known to him, are the joint family

    properties. The averments made in para no. 3 of the

    plaint is denied as false. If at all the health condition of

    defendant no. 1 deteriorated since a decade, how can he

    give instructions to counsel to prepare written statement.

    Except certain issues, in respect of the properties, there

    are no conflicts between defendant no. 3 and 4 who are

    staying next doors. There is no conciliation whatsoever

    nature that took place in respect of the division of

    properties among defendant no. 1 to 4. The properties

    are all joint family properties and its benefit . The

    intention of the plaintiff is just to avoid proper share

    granted to this defendant and to take away the share of

    himself along with his father Defendant no. 3. To meet

    this end, this defendant has been kept away from the

    family of her parents since 2 years. The plaintiff has

    created a situation wherein even the parents are not in

    talking terms with this defendant for the reasons best

    known to them who loved and kept this defendant happy
    55
    O.S.No. 1990/2018

    all along. Defendant No. 1 passed away on 1.11.2020

    while defendant no. 2 predeceased him on 17.03.2020.

    The defendant No. 1 is not in a good state of health to

    understand the situation since a decade and is bed

    ridden. In such an event, the question of mere dengue

    fever of defendant no.1 do not create and cause of action

    There are 7 coparcenars. Hence the plaintiff is not

    entitled 1/6th share.

    3. The defendant no. 5 by way of counterclaim would

    contend that the plaintiff has deliberately left out certain

    highly valued properties acquired in the name of

    defendant No. 3 by the defendant No. 1 which are

    mentioned in the schedule. This defendant is ready to

    include the land gifted in her favour and development

    work carried out by her by availing loans from bank in the

    suit schedule properties. Defendant No. 3 and 4 have no

    avocation of their own except enjoying their rents,

    incomes and benefits arising out of the suit properties. All

    the immovable and movable properties standing in the

    name of defendant no. 3 and 4 are the joint family

    properties and this defendant has a share in it. The

    defendant no. 3 and 4 have virtually utilized the entire
    56
    O.S.No. 1990/2018

    means profit of suit schedule and counterclaim schedule

    properties. These defendants are liable to account since

    the date of its acquisition upto the date of actual

    calculation. The plaintiff and defendants are the

    coparceners and joint possession and enjoyment of all

    the properties shown in the plaint and written statement.

    The calculation of the equal share by the plaintiff is

    totally wrong and the Hindu Succession act needs to be

    followed in this regard. Hence the defendant no. 5 prayed

    to incorporate the written statement properties along

    with all the suit schedule properties except the

    development undertaken in item no. 2 of the written

    statement schedule as available for partition among

    coparceners of joint family of Sri NV Annayya and prays

    to partition the same in accordance with the provisions

    of Hindu Succession Act.

    4. In the written statement filed by the plaintiff,

    to the counterclaim of the defendants, he would

    contend that the item no. 1 and 6 of counterclaim

    schedule of defendant no. 4, 6 and 7 is the property

    exclusively purchased by defendant no. 3 out of his self
    57
    O.S.No. 1990/2018

    earned income. The defendant no. 3 is well educated

    person with 2 graduation. He used to buy and sell shares

    of different companies and also guiding his uncles to buy

    the shares and sell shares of listed companies. The sale

    deeds dated 15.04.1974 and 23.10.1970 cannot be

    challenged as it is barred by limitation. Defendant no. 3

    continuously in possession of these 2 properties as a

    owner. Item no. 2 of the written statement schedule

    acquired by first defendant under registered sale deed

    dated 28.10.1970 out of his self earnings. It was gifted by

    the defendant no. 1 in favour of defendant no. 3 under

    registered gift deed dated 5.03.2004. The defendant no.

    4 being signatory to the said gift deed as a witness

    cannot dispute the same after lapse of more than 14

    years 3 months. The Written statement item no. 3

    property has been acquired by the defendant no. 1 under

    registered sale deed dated 4.05.1966 out of his self

    earning. The defendant no. 1 gifted this property in

    favour of defendant No. 3 under registered gift deed

    dated 7.07.2004. The defendant no. 4 being a signatory

    to the said document as a witness cannot challenge the

    same after lapse of 14 years. The defendant No. 3 who
    58
    O.S.No. 1990/2018

    became the absolute owner and in possession of the

    property constructed industrial shed. The defendant no. 3

    gifted this property in favour of the plaintiff under

    registered gift deed dated 9.09.2008. Thereafter, the

    plaintiff has demolished the building and constructed a

    factory premises in ground floor and PG accommodation

    in first, second and third floor by investing the amount.

    The written statement schedule Item No. 4 purchased by

    the defendant No. 1 in a public auction held on 4.02.1962

    from his self earnings. He had gifted this property to the

    plaintiff under registered gift deed dated 12.06.2015. The

    plaintiff when he was studying in final year MBBS, first

    defendant on 15.11.2002 developed severe chest pain.

    Hence plaintiff took him to Jayanagar hospital wherein it

    is reveled that it is heart attack. First defendant was

    taken to Trinity hospital where he had given treatment.

    The execution of a gift deed in favour of the plaintiff on

    12.06.2015 is a conscious and well thought after decision

    of both defendant no. 1 and 2. The written statement

    schedule Item no. 5 has been gifted voluntarily by the

    first defendant to the fifth defendant after informing all

    the family members. The counterclaim averments of
    59
    O.S.No. 1990/2018

    defendant no. 4, 6 and 7 are barred by period of

    limitation. There is no cause of action to file the

    counterclaim. The court fee paid is insufficient. The

    properties which are mentioned in the plaint which are

    joint family properties are liable for partition. The

    defendant no. 4, 6 and 7 hold and possesses properties

    purchased by the first defendant. Those properties are

    liable for partition in terms of Benami Transaction Act as

    well as customary Hindu Law. Hence the plaintiff prayed

    for dismissal of counterclaim preferred by defendant no.

    4, 6 and 7.

    5. The written statement filed by the defendant

    No. 8 to 10 subsequently added defendants are as

    follows.

    These defendants are the private persons and they are

    concerned only with respect to their purchased properties

    out of item no. 6 of the plaint schedule. The plaintiff

    should have excluded measurement as 7,200 Sq Ft.

    instead of 4,800 Sq. Ft. The plaintiff already mentioned

    4,800 Sq. Ft. The balance 2,400 Sq. Ft has to be excluded

    from the item No. 6 of plaint schedule. The defendant no.

    4 who is the absolute owner of this property sold 3 sites
    60
    O.S.No. 1990/2018

    in item no. 6 in favour of these defendants under

    registered sale deeds. The item no. 6 are plaint schedule

    which measures 1 acre 20 guntas purchased by

    defendant no. 4 under registered sale deed dated

    27.07.1972. This was converted land for industrial

    purpose as per order passed by Deputy Commissioner

    Bangalore on 26.11.1965. In this property, private layout

    of 10 sites were formed. Among them, site no. 2, 3, 4

    came to be purchased by these defendants. The

    defendant no. 8 purchased site no. 4 measuring 60×40.

    Defendant no. 9 purchased site no. 2 measuring 60x 40,

    defendant no. 10 purchased site no. 3 measuring 60x 40.

    these properties purchased under 3 registered sale deeds

    dated 18.02.1995. They have joined all 3 sites together

    which totally measured 7,200 Sq ft and have put up

    construction in 26,000 Sq ft with ground plus 3 floors and

    the joint khatha is accepted and taxes are assessed to

    the building. These defendants are in peaceful possession

    and enjoyment of the same as a owners. These

    defendants on coming to know about pendency of this

    suit, inorder to safeguard their property got impleaded in

    this suit. They are the bonafide purchasers of the
    61
    O.S.No. 1990/2018

    properties under registered sale deeds dated 18.02.1995.

    Hence they prayed for exclude 7,200 Sq ft in item no. 6

    of the plaint schedule instead of 4,800 sq ft and to

    safeguard their rights.

    6. Based on the pleadings of the parties, the

    following issues are framed.

    1. Whether the plaintiffs prove that the plaint
    schedule properties (excluding item No. 1 to 5, 7, 8,
    10 to 16 , 18, 20, 31 and 34) are ancestral and
    joint family properties of themselves and
    defendants?

    2. Whether the defendant No.3 (now
    transposed as plaintiff as plaintiff No.2) proves that
    the property gifted in favour of D5 and D7 under
    registered gift deeds are self acquired properties of
    D1 and 2 as contended ?

    3. Whether the defendant No. 4, 6 and 7 prove
    that item No. 6, 9, 17 of plaint schedule property is
    self acquired of defendant No.4?

    4. Whether the defendant No.4, 6 and 7 prove
    that the registered gift deed dated 12.06.2015
    bearing Doc. No. YAN-1-01425-2015-16 CD No. Y
    AND Doc.958, registered rectification deed dated
    15.06.2016 bearing Doc. YAN-1-01692-2016-17 CD
    62
    O.S.No. 1990/2018

    No. YAND 629, registered rectification deed
    07.04.2017 DOC No. YAN 100258-2018-19, CD No.
    YAND 660 are not binding on them ?

    5. Whether the defendant No.4, 6 And 7 prove
    that registered gift deed dated 05.03.2004 bearing
    DOC No. JNR 6785-2003-04 is not binding on them ?

    6. Whether the defendant No.4, 6 and 7 prove
    that registered gift deed executed by the defendant
    No.1 in favour of 3rd defendant relating to item No.3
    of written statement schedule property is not
    binding on them ?

    7. Whether the defendant No.4 , 6 and 7 prove
    that registered gift deed dated 05.04.2012 DOC No.
    CMP-1-0071-2012-13, CD No. CMPD 45, is not
    binding on them ?

    8. Whether the defendant N.4 , 6 and 7 prove
    that item No.1 to 8 of the counter claim properties
    are ancestral properties as contended in the written
    statement and counter claim ?

    9. Whether the defendant No.4, 6 and 7 prove
    that the registered gift deed dated 12.06.2019
    bearing DOC No. RRN-1-01824-2019-20 is not
    binding on them ?

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    O.S.No. 1990/2018

    10. Whether the defendant No.4 , 6 and 7 prove
    that encumbrance by raising loan from the bank in
    respect of item No. 4 of the written statement/
    counter claim property is not binding on them ?

    11. Whether the defendant No.4, 6 and 7 prove
    that registered will executed by the defendant N.3
    in respect of item No.2 of the written statement/
    counter claim is not binding on them ?

    12. Whether the defendant No.4,6 and 7 are
    entitled for mesne profits as sought for?

    13. Whether the plaintiffs are entitled for the relief
    of partition and separate possession as sought for?

    14. Whether the defendant No.4, 6 and 7 are
    entitled for the relief of permanent injunctions as
    sought for?

    15. Whether the defendant No.5 proves that all
    the properties standing in the name of defendant
    No.3 (now transposed as plaintiff No.2) and
    defendant No.3, 4 are joint family properties?

    16. Whether the plaintiff proves that item No.1
    and 6 of written statement schedule properties are
    self acquired of defendant No.3 ( now transposed as
    plaintiff No.2)?

    64

    O.S.No. 1990/2018

    17. Whether the valuation of the suit made and
    court fee paid is correct ?

    18. Whether the defendant No.4 , 6 and 7 are
    entitled for the relief of counter claim as sought for?

    19. Whether the defendant No.5 is entitled for the
    share in the properties as sought for?

    20. Whether the plaintiff are entitled for reliefs as
    sought for ?

    21. What – Order or decree ?

    ADDITIONAL ISSUES FRAMED ON 07.01.2026.

    1. Whether the defendant N.8 to 10 proves that
    they are bonafide purchasers of 7200 sq, ft.,
    instead of 4800 sq. ft., mentioned in item no. 6
    plaint schedule property ?

    7. In this suit, initially the plaintiff failed to lead

    evidence. Hence evidence started on the side of the

    defendants. Defendant no. 5 examined herself as DW1.

    Documents Ex.D1 to Ex.D9 marked through her.

    Defendant no. 7 examined as DW2 for himself and also

    on behalf of defendant no. 4 and 6 got marked

    documents Ex.D26 to Ex.D84. During the course of cross-
    65

    O.S.No. 1990/2018

    examination of DW1, on the side of defendant no. 4, 6

    and 7, Ex.D10 to 25 are marked. During the course of

    cross-examination of DW1 and DW2 on the side of the

    plaintiffs, Ex.P1 to Ex.P15 are marked as these

    documents were confronted. Plaintiff No. 2 examined

    himself as PW1 but no documents are marked in his

    examination in chief. Defendant No. 8 got examined

    himself as DW3 on his behalf and on behalf of Defendant

    no. 9 and 10 and documents Ex.D85 to Ex.D97 are

    marked. Thus on the side of the plaintiffs, documents

    Ex.P1 to 15 are marked, on side of defendants, Ex,D1 to

    Ex,D97 are marked.

    8. I have heard the arguments of the learned counsel

    for the plaintiffs, learned counsel for defendant no.5,

    learned counsel for defendant no. 4, 6 and 7 and learned

    counsel for defendant no. 8 to 10 who are all also filed

    their written argument. I perused the entire records.

    9. While framing issue no. 3, instead of mentioning

    Item No. 6, 9 and 17, only Item No. 6 of plaint schedule is

    mentioned. Hence it is necessary to carry out

    amendment in issue no. 3 and accordingly, it is amended

    as item no. 6,9 and 17. Since the parties knows their case
    66
    O.S.No. 1990/2018

    very well and already lead the evidence and adduced the

    evidence on that point, this court of the opinion that it is

    not necessary to post the case for further evidence.

    10. My findings on the above issues are as follows.

    Issue No. 1:- Partly in the Affirmative

    Issue No. 2:- In the Negative.

    Issue No. 3:- In the Negative.

    Issue No. 4:- In the Affirmative

    Issue No. 5:- In the Affirmative

    Issue No. 6:- In the Affirmative

    Issue No. 7:- In the Affirmative

    Issue No. 8:- In the Affirmative.

    Issue No. 9:- In the Affirmative

    Issue No. 10:- In the Negative

    Issue No. 11:- In the Negative

    Issue No. 12:- In the Affirmative

    Issue No. 13:- Partly in the Affirmative

    Issue No. 14:-Partly in the Affirmative

    Issue No. 15:- In the Affirmative

    Issue No. 16:- In the Negative.

    Issue No. 17:- Partly in the Affirmative.

    Issue No. 18:-Partly in the Affirmative
    67
    O.S.No. 1990/2018

    Issue No. 19:-Partly in the Affirmative

    Issue No. 20:-Partly in the Affirmative

    Addl. Issue No.1 – In the Affirmative.

    Issue No.21: As per the final order for the following.

    Reasons

    11. Issue No. 1, 2, 3, 8 15, 16:- All these issues are

    interconnected with each other hence inorder to avoid

    repetition of facts and evidence and for the sake of

    convenience, they are taken up together for discussion.

    Prior to the adverting the evidence on record, it is

    important to note undisputed facts in this suit.

    12. Undisputed facts:-

    Defendant no. 1 Sri NM Annayaiah and defendant

    no. 2 Smt NA Janaki Bai @ NA Narayanamma are

    Husband and wife. Defendant No. 4 and plaintiff No. 2 are

    the sons of defendant no. 1 and 2. Plaintiff No. 1 is the

    son. Defendant no. 5 is the daughter of plaintiff no. 2.

    Defendant no. 6 and 7 are the sons of defendant No.4.

    Defendant no. 1 died on 1.11.2020. Defendant no. 2 died

    on 17.03.2020 during the pendency of this suit.

    Defendant no. 1 and 2 died intestate without leaving any
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    will or codicils. There are 42 items of schedule properties

    mentioned in plaint schedule. There are 14 items

    mentioned in counter claim schedule of defendant no. 5.

    There are 8 items of properties mentioned in

    counterclaim of defendant no. 4, 6 and 7. IA No. 17 filed

    under Order XII Rule 6 of CPC came to be allowed and

    this court passed the judgment on admission dated

    12.08.2022. Consequently, a preliminary decree has been

    passed in respect of plaint schedule Item No. 1 to 5, 7, 8,

    10 to 16, 18, 30, 31, and 34. Consequently, final decree

    proceedings has been initiated in respect of these

    properties as per FDP No. 92/2023 which is pending for

    adjudication. Defendant no. 4, 6 and 7 except Item No. 6,

    9 and 17 admitted all other properties are joint family

    properties. Existence of joint family is admitted by both

    plaintiffs and defendant No. 1 to 7. The ancestral

    properties were divided among defendant no. 1 and his

    three brothers under registered partition deed dated

    31.03.1952. The plaintiff no. 2 was born on 15.11.1952.

    Defendant no. 4 was born on 9.02.1954. Under Ex.D1

    partition deed dated 31.03.1952, first defendant got the

    properties totally valued 1,33,392. Six items of the
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    counterclaim schedule i.e., Item No. 1 to 6 of defendant

    no. 4 also mentioned by defendant no. 5 in her

    counterclaim. Keeping all these admitted facts in mind,

    now it is to be noted what are all the properties fallen to

    the share of defendant no. 1 under registered partition

    deed dated 31.03.1952 between him and his brothers

    and the properties are as follows.

    a) All that piece and parcel of the shop Nos.
    146, 147 and 148 situate at Neharunagar,
    Seshadripuram, Bangalore measuring East to
    West 28 Feet and North to
    South 37+39/2bounded by East by: vacant site,
    West by: Narasingarayara’s House, North by:

    conservancy lane and South by Main Road.

    b) All that piece and parcel of House
    property bearing No. 148, situated at 3rd
    Cross, Chamarajapet measuring East to West
    30 Feet and North to South 110 feet, bounded
    on East by: Govindaraju Mudaliyar’s House,
    West by: Annaiayappa and Channappa’s House,
    North by: Conservancy Lane and South by Main
    Road.

    c) All that piece and parcel of Municipal site
    No. 12, situated at Vadigenahalli, Devanahalli
    Taluk, measuring East to West 50 feet and
    North to South 80 feet bounded on East by:

    Site No. 13, West by: Site No. 11, North by:

    Road and South by; Conservancy Lane.

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    d) The land bearing Sy. No. 60/1 measuring
    4 acres situated at Ayyebasapura,
    Channarayapattanna Hobli, DevanahalliTaluk
    bounded on East by Muniyappa’s land, West by:

         Halla,    North   by:    Halla      and      South     by
         Munisamappa's Land.
    
    

    e) The land bearing Sy. No. 60/2 measuring
    4- acres 12guntas land situated at Ayyebasapur
    a, Channarayapattanna Hobli, DevanahalliTaluk
    bounded on East by Muniyappa’s land, West by:

         Halla,    North    by:        Halla and     South      by
         Munisamappa's Land.
    
    

    f) The land bearing Sy. No. 50, measuring
    24 acres land situated at Baluvanahalli, Jangama
    Hobli. Shidlagatta Taluk, bounded on East by:

    Government Land, West by: Shatakundahalli,
    Dharmapurada Elle, North by: Venkatapurada
    Elle and South by Kalachai’s Land.

    g) Piece and parcel of Tarasi House situated at
    Joddihosooru, Channarayapattana Hobli,
    DevanahalliTaluk bounded on East by Road,
    West by: Road, North by: Road and Soth
    by: Narayanappa’s House.

    h) Piece and parcel of MaligeHouse situated at
    Joddihosooru, Channarayapattana Hobli,
    DevanahalliTaluk bounded on East by: Vacant
    Land, West by: Road, North by: Road and
    South by: Aanjamappa’s House.

    a) CASH OF Rs. 1,000/-.

    b) Silver and Gold Articles Worth Rs. 6,320/-.

    c) Insurance Worth Rs. 3,872/-

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    d) Ralli Cycle and Furniture’s worth Rs. 459/-

    e) Brass Articles Worth Rs. 200/-.

    f) Iron Wood Desk Worth Rs. 110/-.

    g) Silk Shop Balance Worth Rs. 75,181/-.

    Then totally values 1,33,392.

    13. The learned counsel for defendant no. 4, 6 and 7 in

    his written arguments mentioned regarding what are all

    properties purchased by the defendant no. 1 after the

    partition of the year 1952. He has submitted that Item

    No. 8 of plaint schedule property purchased on

    11.01.1957. Item No. 11 of plaint schedule property

    purchased on 18.03.1957. Item No. 1 of plaint schedule

    property in Site no. 20 purchased on 26.03.1958. Item

    No. 1 of plaint schedule property in Site No. 19 purchased

    on 26.03.1958. Item No. 12 of plaint schedule property

    purchased on 7.12.1959. Item No. 13 of plaint schedule

    purchased on 9.11.1961. Item No. 31 of plaint schedule

    purchased on 8.12.1961. Item No. 19 of plaint schedule

    purchased on 24.07.1963. Item No. 4 of plaint schedule

    purchased on 19.02.1964. Item No. 5 of plaint schedule

    purchased under 3 sale deed i.e., sale deed dated

    5.04.1965, 6.04.1965, 16.10.1966. Item No. 18 of plaint

    schedule property purchased on 23.10.1970. Item No. 21
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    and 22 of plaint schedule purchased on 20.02.1970. Item

    No. 10 of plaint schedule property purchased in the year

    1971. Item No. 6 of plaint schedule purchased on

    26.07.1972. Item no. 1 of counter claim schedule

    property of defendant No. 4, 6 and 7 purchased on

    15.04.1974. Item no. 2 of counter claim schedule

    property of defendant No. 4, 6 and 7 purchased on

    28.10.1970. Item no. 3 of counter claim schedule

    property of defendant No. 4, 6 and 7 purchased on

    04.05.1966. Item no. 4 of counter claim schedule

    property of defendant No. 4, 6 and 7 purchased on

    4.02.1968. Item no. 6 of counter claim schedule property

    of defendant No. 4, 6 and 7 purchased on 23.10.1970.

    The learned counsel for the defendant No. 4, 6 and 7 also

    submitted that the Item No. 2, 3, 7, 8, 10, 13, 14 and 16

    of plaint schedule properties are all belongs to defendant

    no. 2 Smt NA Janaki Bai @ NA Narayanamma. As I already

    noted that admittedly, all these items, item No. 1 to 5, 7,

    8, 10 to 16, 18, 30, 31, 34 the decree on admission

    already passed by allowing IA No. 17 under Order XII Rule

    6 of CPC.

    14. The plaintiffs even though in the plaint schedule
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    claimed remaining properties excluding Item No. 1 to 5,

    7, 8, 10 to 16, 18, 30, 31, 34 as ancestral and joint family

    properties of themselves and defendant No. 1 to 7. but

    during the course of arguments, learned counsel for the

    plaintiff vehemently argued that the properties Item No

    18 to 42 were added to the plaint at the advise of

    defendant no. 1 and 2 inorder to settle the dispute.

    Hence by moving IA No. 9 and 10, these properties were

    awarded prior to referring this matter to mediation. But

    since during mediation, the matter could not be settled.

    an application in IA No. 33 was filed by the plaintiff to

    delete Item No. 32, 33, 35 and 36 from the plaint

    schedule as these properties are self acquired properties

    of the plaintiff no. 2 and are not available for partition. He

    submitted that even though IA no 33 came to rejected,

    but there in no oral or documentary evidence are lead to

    show these properties are joint family properties. He

    argued that Item No. 40 and 41 are the subject matter of

    P and SC No. 66/2022 and same has been disposed by

    this court vide final order dated 1.04.2022 as such the

    plaint schedule item no. 40 and 41 are not available for

    partition. He further argued that Item No 19 to 29 of
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    plaint schedule are subject matter of 2 partition deeds

    dated 15.10.2015, certified copies of same are marked as

    Ex.D4 and Ex.D5 and these partition deeds are duly acted

    upon and as such these properties are not available for

    partition. He argued that only the properties which are

    available for partition are plaint schedule Item No. 6, 9,

    17, 37, 38, 39, 42. He argued that all the counterclaim

    Item No. 1 to 6 of the written statement of defendant no.

    4,6 and 7 are not available for partition and these

    properties are not joint family properties.

    15. On the other hand, the learned counsel for the

    defendant no. 4, 6 and 7 argued that the plaintiff himself

    by moving IA No. 9 and 10 added Item No. 19 to 42 of the

    plaint schedule properties. The defendant no. 3

    transposed himself as plaintiff no. 2 and thereby he

    adopted the plaint averments and not filed any additional

    pleadings. Hence the plaintiff no. 1 and 2 both are bound

    by the pleadings. He argued that the properties Item No.

    19 to 29 are all fallen to the share of defendant no. 1

    under registered partition deed dated 31.03.1952. He

    argued that the very same properties were subject

    matter of the partition deed dated 27.03.1945 between
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    NA Munivenkatappa and his brother’s son NM

    Munishayamappa vide document Ex.D70. He submitted

    that as per Ex.D70, partition deed dated 27.03.1975, NA

    Munivenkatappa, father of defendant no. 1 got 41 items

    of properties towards his share which includes plaint item

    No 15, 22 to 29 and Item No. 5 of Counter claim of

    defendant No. 4, 6, 7. He argued that as per Ex.D70, Sri

    NA Munivenkatappa, father of defendant no. 1 got the

    properties valued at Rs 1,31,981.11 annas as his share.

    As per Ex.D1 partition deed dated 31.03.1952, the total

    value of all the properties shown as 5,27,970. Thus the

    properties which acquired by NA Munivenkatappa under

    partition deed dated 27.03.1945 enhanced for 4 times

    when the partition was taken place in the year 1952. He

    argued that since the properties mentioned in Ex.D4 and

    5 are the ancestral properties and the plaintiff no.1,

    defendant no.5 to 7 who are not the parties to this

    document it cannot be recognized as a partition. More

    than that, the plaintiffs themselves claimed the share in

    the plaint schedule properties. Hence these properties

    i.e., Item No. 19 to 29, 32, 33, 35, 36 cannot be excluded.

    He argued that except plaint schedule Item No. 6, 9 and
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    17, all other plaint schedule properties and written

    statement schedule of defendant No. 4,6,7 are all joint

    family properties and the plaintiffs and defendants are all

    entitled equal share.

    16. The learned counsel for the defendant no. 5 also

    argued that all the plaint schedule properties, written

    statement schedule properties of defendant no. 5 and

    defendant No. 4, 6, 7 are the joint family properties of the

    plaintiffs and the defendant no. 1 to 7. He argued that

    the defendant no. 1 purchased the properties in the

    name of plaintiff no. 2 and defendant No. 4 under the

    joint family property’s nucleus as a kartha. The defendant

    No. 1 purchased the properties in his name as well as in

    the name of plaintiff no. 2 and defendant no. 4 out of

    joint family fund. Hence all the properties are the joint

    family properties and the defendant no. 5 is entitled

    1/6th share in all the properties.

    17. I have already noted down which are the properties

    fallen to the share of defendant no. 1 under registered

    partition deed dated 31.03.1952. Prior to proceed further,

    it is important to note the plaint averments in para no.

    III(1) and (2) of plaint. The plaintiff no. 1 who filed this
    77
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    plaint stated that his great grandfather late NA

    Munivenkatappa was successful businessman during his

    life time. The said A Munivenkatappa is succeeded by his

    son defendant no. 1 NM Annaiah. His grandfather

    defendant no. 1 NM Annaiah developed the ancestral

    properties which he inherited from his father late A

    Munivenkatappa by virtue of registered partition deed

    dated 31.03.1952 and also has acquired several other

    immovable properties from the nucleus of the joint family

    income both in his name as well as in the name of his

    wife defendant no. 2 Smt Janakibai @ NA Narayanamma

    and also in the name of defendant No. 4. In para no III(2)

    plaintiff pleaded that joint family consisting of afore

    mentioned members(genealogical tree mentioned) do

    own several movables and immovable properties. Though

    some of the properties have been acquired from the joint

    family nucleus, the same are purchased in the names of

    defendant no. 1, 2 and 4. Some of the properties have

    been inherited by the defendant no. 1 and 2. All the

    properties are described in the schedule. Plaintiff being a

    coparcner is in joint and constructive possession of all the

    joint family properties detailed in the plaint schedule.
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    Thus on plain reading of the plaint averments, the

    plaintiff no. 1 himself stated in his plaint that his great

    grandfather Munivenkatappa was a successful

    businessman. His grandfather defendant no. 1 who

    succeeded Munivenkatappa inherited the properties

    mentioned in partition deed dated 31.03.1952 and

    continued the business and developed ancestral

    properties and acquired several other immovable

    properties from the nucleus of the joint family income in

    the name of defendant no.1, defendant no. 2, defendant

    no.4. The plaintiff no. 1 has also taken contention that he

    being a coparcener is in joint and constructive possession

    of all the joint family properties mentioned in the plaint.

    Now coming to the written statement contention of

    defendant no. 1 to 3 is concerned in para no. 3 of their

    written statement, they have admitted the contents of

    para no. III(1) and (2). They have admitted that the joint

    family of the parties owned several movable and

    immovable properties and some of the properties have

    been purchased in the name of defendant no. 1, 2 and 4.

    They have also admitted that the plaintiff no. 1 is a

    coparcener and he is in constructive possession of the
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    joint family properties. In para No. 6 of the written

    statement, defendant no. 1 to 3 admitted that there was

    a family business of father of defendant No. 1 wherein

    defendant No. 1 was getting income. The defendant No. 1

    and 2 also stated that they have not executed any will or

    codicil in respect of any of the suit schedule properties.

    However they intend that their share in all the properties

    shall go to defendant no. 3 and 4. Thus on plain reading

    of plaint averments as well as written statement

    contentions of defendant No. 1 to 3, one thing is very

    clear that they have admitted that Munivenkatappa who

    is the great grandfather of plaintiff No. 1 and father of the

    defendant no. 1 was successful businessman and

    defendant No.1 who inherited the ancestral properties

    under registered partition deed dated 31.03.1952

    acquired several other immovable properties from the

    nuclues of joint family income. Even though the plaintiff

    added several other properties i.e., item No. 19 to 42, the

    plaintiffs have not amended the pleadings i.e., body of

    the plaint which indicates that even though Item No. 19

    to 42 were added subsequently by way of amendment,

    the amendment revert back to the date of filing of the
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    plaint.

    18. The learned counsel for the defendant No. 4, 6 and

    7 relied on the judgment of Hon’ble Supreme Court

    reported in AIR 1974 SC 471 between Nagindas Ramdas

    v/s Dalpatram Locharam @ Brijramand and others

    wherein the Hon’ble. Supreme court in para no. 26 of the

    judgment held that admission is true and clear are by far

    the best proof of the facts admitted. Admission in

    pleadings or judicial admission admissible U/s 58 of the

    Evidence Act, made by the parties or their agents at or

    before the hearing of the case stand on a higher footing

    than evidentiary admission. The former class of

    admissions are fully bindings on the party that makes

    them and constitute a waiver of proof. They by

    themselves can be made the foundation of the rights of

    the parties. On the other hand, evidentiary admission

    which are receivable at the rival as evidence are by

    themselves not conclusive. They can be shown to be

    wrong. He also relied on the Judgment of Hon’ble

    Supreme Court reported in AIR 2002 SC 3669 between

    Sampat Kumar V/s Ayyakunnu and another to contend

    that once amendment is incorporated in plaint, it relates
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    O.S.No. 1990/2018

    back to the date of the suit- however court can direct in

    appropriate cases that it should not relate back to the

    date of suit. In my humble view, these principles laid

    down by Hon’ble Supreme Court aptly applicable to the

    present suit. It is not the case of the plaintiffs is that

    while allowing IA No. 9 and 10 under Order VI Rule 17 of

    CPC, this court passed any such order it should not relate

    back to the date of suit. In the absence of any such order

    passed by this court, the amendment made to the plaint

    with regarding to adding Item no. 19 to 42 of the plaint

    schedule automatically relates back to the date of filing

    of the suit. Since there is clear pleading on the side of the

    plaintiff that the defendant No. 1 who inherited the

    ancestral properties under registered partition deed

    dated 31.03.1952 and thereafter he developed the

    ancestral properties and out of the joint family nucleus,

    acquired several properties indicates that the plaintiff

    admitted that there is a joint family nucleus so as to

    acquire several properties by the defendant no. 1.

    Accordingly he purchased the properties in his name, in

    the name of his wife defendant no. 2, in the name of his

    son defendant no.4. Such admissions in the plaint and
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    O.S.No. 1990/2018

    the written statement of defendant no. 1 to 3 are judicial

    admissions admissible U/s 58 of Indian Evidence Act

    which is not required any proof. The defendant No. 3

    after passing the judgment on admission of IA No. 17,

    transposed himself as plaintiff no. 2.

    19. Now coming to the evidence of Plaintiff No. 2/ PW1

    is concerned, in his examination in chief, he has deposed

    that the properties divided under partition deed dated

    31.03.1952 are all properties acquired from the income

    earned from the business of Munivenkatappa which was

    assisted by his 4 sons. As such, the partition dated

    31.03.1952 between co-owners and partners in the

    business and the properties which came to his father

    defendant no. 1 are his self acquired properties. He has

    deposed that under this partition deed, the sundry debts

    of sum of Rs 75,181/- said to be receivable from various

    dealers and customers and also was saddled with

    obligation to repay debt of Rs27,798 payable to

    Munishyamappa and sons. He has deposed that it was

    not possible to trace the Sundry debtors and recover the

    money. Other properties which came to the share of his

    father defendant no. 1 were not yielding any income. He
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    has deposed that his father defendant no. 1 started the

    business of Art silk yarn. His father’s business was totally

    a private and independent business. He has deposed that

    his father purchased all the properties by his self earned

    income. Thus on perusal of the chief examination of PW1,

    he has given the evidence which is contrary to the plaint

    averments and written statement contentions of

    defendant no. 1 to 3. In the written statement of

    defendant No. 1 to 3, they have not stated anything

    about the defendant no. 1 started his fresh business of

    Art Silk yarn after the partition of the year 1952. If at all

    the defendant no. 1 is started his own business of Art Silk

    yarn after the year 1952, he would have stated the same

    in his written statement. On the contrary, the defendant

    no. 1 to 3 have not denied the averments made by the

    plaintiff in para no. III (1) wherein the plaintiff has stated

    that defendant no.1 developed the ancestral properties

    and has acquired several other immovable properties

    from the nucleus of the joint family income. Even though

    the plaintiff in his plaint para no . III(1) pleaded that his

    great grandfather Munivenkatappa was a successful

    businessman and his grandfather defendant no. 1 who
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    inherited the ancestral properties, this averments are not

    denied by the defendant no. 1 to 3 in their written

    statement. On the other hand, the defendant no. 1 to 3

    have admitted that properties have been purchased in

    the name of defendant no. 1, 2 and 4 out of joint family

    nucleus. In the absence of any such pleadings that the

    defendant no. 1 who started the business of Art Silk yarn

    for the first time after 1952 and out of his own income he

    purchased the properties without utilizing the joint family

    fund, such improved version of PW1 without there being

    a pleading is not acceptable. Since the oral evidence(in

    chief examination as well as in cross-examination) of PW1

    is more than 100 pages it is not possible to highlight each

    and every depositions of PW1. In his cross-examination

    by the learned counsel for the defendant no. 4, 6 and 7

    and defendant no.5, for most of the questions, he

    answered either that he do not remember or he do not

    know. The learned counsel for the defendant no.4, 6 and

    7 rightly submitted that PW1 cleverly given answer in

    cross-examination for selective questions and by

    answering most of the question as either do not

    remember or do not know. Since the defendant no. 4,
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    6and 7 have taken contention that plaint schedule item

    No. 6, 9 and 17 are their self acquired properties of

    defendant no. 4 and on the other hand, the plaintiffs

    have taken contention that these properties are ancestral

    and joint family properties, this court has to give finding

    regarding the same. Since the defendant no. 4 and 7

    have taken contention that Item No. 1 to 8 of

    counterclaim schedule properties are the ancestral joint

    family properties of the plaintiffs and defendant no. 1 to

    7, this court has to give finding regarding the same. Since

    the defendant no.5 has taken contention that all the

    properties standing in the name of plaintiff no. 2 and

    defendant no. 4 are the joint family properties, this court

    has to give findings on the same. Since the plaintiff has

    taken contention that item no. 1 and 6 of WS of

    Defendant No. 4 is the self acquired properties of Plaintiff

    No. 2, this court has to give finding regarding the same.

    20. Prior to proceed further it is important to note that

    the defendant no. 5 in her written statement mentioned

    the very same items of the properties as mentioned by

    the defendant no. 4, 6 and 7 in their counterclaim. The

    item no. 1 of counterclaim of defendant No. 4,6, and 7 is
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    mentioned as Item No. 2 of the counterclaim of

    defendant No. 5. Item No. 2 of the counterclaim of

    defendant No 4, 6 and 7 is mentioned as item no. 3 of the

    counter claim of defendant No. 5. Item No. 3 of

    counterclaim of defendant No. 4, 6 and 7 is mentioned as

    Item No. 4 of counterclaim of defendant no. 5. Item No. 4

    of counter claim of defendant No 4, 6, and 7 is mentioned

    as Item No. 7 of counterclaim of defendant No.5. Item No.

    5 of counter claim of defendant No 4, 6, and 7 is

    mentioned as Item No. 8 of counterclaim of defendant

    No.5. Item No. 6 of counter claim of defendant No 4, 6,

    and 7 is mentioned as Item No. 9 of counterclaim of

    defendant No.5. Thus we can consider item no. 1 to 6 of

    counterclaim of defendant No.4, 6 and 7 as Item No. 2, 3,

    4, 7, 8, 9 of defendant No. 5 also. Three Extra properties

    mentioned by defendant no. 5 in counterclaim are Item

    No. 1 which is 50 percent share in Sampige and Savitha

    Theaters. The very same property is mentioned as Item

    No. 18 in the plaint which is already decreed by decree

    on admission as per order on IA No. 17. Item No. 5 of WS

    of defendant no. 5 is the property bearing PID No. 66-12-

    05(old no.5) situated in 4th main road Madiwala Extension
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    O.S.No. 1990/2018

    standing in the name of defendant no. 4. Item No. 6 is

    the property bearing no. 19 /8-1 4 th main road Chinamma

    Layout New extension Madiwala Ward No. 172.

    21. Neither the plaintiffs nor the defendants have

    produced and documents regarding the business of

    defendant no.1, plaintiff no. 2 and defendant No.3. PW1

    in his cross-examination admitted that he is a tax

    assessee. According to him, he is paying tax from the

    year 1970. DW2 also deposed that his father is also tax

    assessee. If at all PW1, plaintiff No.1 and defendant No. 4

    to 7 have produced the income tax returns filed by the

    defendant no. 1, defendant no. 4 and plaintiff no. 2, then

    this court would have easily ascertained whether the

    defendant No.1, plaintiff no. 2, defendant no. 4 have any

    independent income of their own inorder to purchase the

    properties from their self earnings. PW1 in his evidence

    would take contention that whichever properties

    purchased in his name under sale deed are his self

    acquired properties. Likewise, the defendant No. 4, 6 and

    7 have also taken contention that the plaint schedule

    properties Item No. 6, 9 and 17 are the self acquired

    properties of the defendant no. 4. Except the self serving
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    statements of PW1 and DW2, no documents are

    produced before this court to show the actual income of

    plaintiff no. 2 and defendant no.4. DW1 in her

    examination in Chief has deposed that the defendant no.

    4 and plaintiff no. 2 except the rental income of the joint

    family properties and income derived from the joint

    family properties, they have no other source of income.

    She has deposed that the business which carried out by

    the defendant no.1 also ancestral in nature. There was no

    other income to the joint family except income derived

    from the joint family properties and business. No doubt

    DW1 also not produced any documents to show the

    income of defendant No. 1, plaintiff no. 2 and defendant

    no. 4.

    22. PW1 in his examination in chief has deposed that he

    is holding double graduate Bcom and Bsc. He used to

    earn from his young age and was assisting his father in

    his business. He has deposed that the properties Plaint

    Item No. 32, 33, 35 and 36 are all purchased by him

    under registered sale deed dated 8.03.1974 for Rs 4,000

    Sale deed dated 14.1974 for Rs 2,000, Sale deed dated

    25.03.1974 for Rs 2,000, Sale deed 25.07.1996 for Rs
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    O.S.No. 1990/2018

    80,000 respectively from his hard earned money. He has

    deposed that he has purchased plot no. 1 Platform Road

    Malleshwaram i.e., item no. 6 of counterclaim of

    defendant no. 4 acquired by him when he was very

    young from his own earnings. His uncles also assisted

    him and money also lent by his father which was

    recovered from his share in the partnership firm in which

    he and his father and Dasamma were the partners. As

    such this property is also his self acquired property. He

    has deposed that defendant No. 4 has joined the

    partnership business on 1.02.1973. But he was joined the

    partnership firm in the year 1970. He acquired property

    No. 5 Beratena Agrahara Hosuru Main road from his self

    earned money of Rs 17,000 under registered sale deed

    dated 15.04.1974. He has gifted this counterclaim Item

    No. 1 property in favour of the plaintiff no. 1. Even though

    PW1 has taken such contention that the written

    statement schedule properties of defendant no. 4, 6, 7

    are his self acquired properties, inorder to substantiate

    this contention, he has not produced any documents.

    Plaintiffs have not produced the balance sheet of the

    partnership firm to show the actual profit made by the
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    O.S.No. 1990/2018

    partnership firm and actual share in profit given to the

    PW1. Even though PW1 has deposed that he had worked

    as a manager in Ennem Polpax company from 1972 to

    1976 and drawing salary of Rs 1,000 per month. In order

    to substantiate these contentions taken in WS, he has not

    produced any documents. In the written statement of

    defendant no. 1 to 3, no such contentions are taken that

    PW1 joined the partnership firm in the year 1970 and he

    had income from partnership firm. If at all PW1 had such

    share of profit from the partnership firm, he should have

    produced the profit and loss account and balance sheet

    of the partnership firm inorder to show the actual profit

    earned from the partnership firm. PW1 in his examination

    not even got marked single documents except

    documents Ex.P1 to 15 marked during the course of

    cross-examination of DW1 and 2, no other documents are

    produced by the plaintiffs. Whenever any suit filed by the

    plaintiffs, it is mandatory on the part of the plaintiffs to

    produce atleast recent revenue documents. The provision

    U /s 133 of Karnataka Land Revenue Act is very clear

    which mandates to produce recent revenue documents.

    Even though the suit properties situated withing the
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    jurisdiction of BBMP, the BBMP records should be

    produced before the court. But the plaintiffs have not

    produced any such revenue documents and no

    documents are marked in the chief examination of PW1.

    PW1 has deposed that plaint schedule Item No. 6

    purchased in the name of defendant no. 4 under

    registered sale deed dated 27.07.1972 as per Ex.D26.

    He has deposed that in Ex.D26 itself it is mentioned that

    consideration amount of Rs 20,000 was paid in the

    presence of defendant No. 1 Annayaiah for defendant no.

    4. Hence it is clear that Item No. 6 of plaint schedule is

    not the absolute property of defendant no. 4. It is the

    property of partnership firm NM Anniah and company

    comprising of defendant no. 1 Anniah his sister, Smt

    Dasamma and himself. He has deposed that defendant

    no 1 was managing this property through defendant no. 4

    and in all the returns to the income tax department, this

    property has been shown as property belongs to NM

    Anniaiah HUF. He has deposed that item no. 9 of plaint

    schedule was allotted to Smt. Dasamma as she has lost

    her site in Koramangala First block which was purchased

    in her name by partnership firm NM Annaiah and
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    company. At the time of execution fo sale deed dated

    9.09.2002, she was aged about 85 years and she was

    represented in that sale deed by defendant no.4. Sale

    deed marked at Ex.D34. Since Dasamma passed away

    within a year and as in view of BDA norms, building has

    to be build within 10 years from the date of allotment, it

    was decided to get khataha of the property in favour of

    defendant No. 2. inorder to facilitate to avail loan from

    bank and financial institution and to put up a structure on

    the said property. Consequently Ex.D55 gift deed dated

    5.04.2012 was executed by second defendant in favour

    of fourth defendant. PW 1 has deposed that Item No. 17

    of plaint schedule property purchased from the earnings

    of the business of the partnership firm Ms. NM Anniah

    and company. Hence this property is liable to divide

    equally between him and his brother defendant no. 4.

    PW1 has deposed that Plaint schedule Item No. 37, 38, 40

    are found to be non existent after the death of defendant

    No. 1 and 2. The movable properties Item No. 39 is in

    possession of defendant no. 4. Item No. 42 have already

    been distributed by defendant no.2. The property

    situated at Jayanagara has been self acquired property of
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    defendant no. 1 which purchased under registered sale

    deed dated 28.10.1970. This property gifted in favour of

    plaintiff no. 2. He states that the property situated at

    Madiwala is self acquired property of defendant no. 1 who

    purchased the same under sale deed dated 4.05.1966 for

    sum of Rs. 3,000. Defendant No.1 gifted the same to him

    under gift deed dated 7.07.2004 as per Ex.D25. He has

    deposed that counterclaim schedule Item No. 1 of

    defendant No. 5 in which none of grandchildren,

    defendant no. 5, 6 and 7 and plaintiff no. 1 get any share.

    He has deposed that from his young age, he learned the

    shares and stock trading and doing independent trading

    from the year 1970 itself. He made profit in shares and

    stocks. Two gift deeds dated 5.03.2004 and 7.07.2004 as

    per Ex.D21 and Ex.D8 were inorder to compensate him

    for his excess contribution to the family. Hence he prayed

    to decree the suit only with respect to the plaint schedule

    properties excluding Item No. 32, 33, 35 and 36.

    23. Since the main dispute is with respect to the plaint

    schedule item No.6, 9 and 17 and the counter claim

    schedule item No.1 to 6, it has to be noted under which

    instruments these properties purchased. The item No.1 of
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    the couther claim schedule property purchased in the

    name of plaintiff No.2. This property purchased under

    the registered sale deed dated 15.04.1974. Item No.2 of

    the counter claim schedule property purchased in the

    name of defendant No.1 under the registered sale deed

    dated 28.10.1970. Item No.3 of counter claim schedule

    property purchased in the name of defendant No.1 under

    the registered sale deed dated 04.05.1966. Item No.4 of

    the counter claim schedule property purchased under

    the registered sale deed dated 04.02.1968 in the name of

    defendant No.1. Item No.5 of counter claim schedule

    property, which was fallen to the share of defendant No.1

    under the partition deed dated 31.03.1952. Item No.6 of

    the counter claim schedule property was purchased in

    the name of plaintiff No.2 under the registered sale deed

    dated 23.10.1970. Item No.6 of the plaint schedule

    property purchased in the name of defendant No.4. Item

    No.9 of written statement schedule property granted by

    the Bangalore Development Authority in the name of

    defendant No.2. Item No.17 of the plaintiff schedule

    property purchased in the name of defendant No.4 under

    the registered sale deed. The plaintiff No.2 would contend
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    that item No.1 and 6 of the counter claim schedule

    property of defendant No.4, 6 & 7 are his self acquired

    properties and he further contended that the item No.2 to

    5 of the counter claim schedule property are the self

    acquired properties of the defendant No.1 which are all

    gifted. Out of which 2 properties gifted in name of

    plaintiff No.1, one property gifted in the name of plaintiff

    No.2 and one property gifted in the name of defendant

    No.5. In the present suit the defendant No.5 would

    contended that she is ready to give back the property in

    item No.5 as it is a joint family properties.

    24. The learned counsel for the defendant No.5 argued

    that all the properties which are standing in the name of

    defendant No.1, defendant No.2, plaintiff No.2 and

    defendant No.4 are all joint family properties. He argued

    that since the defendant No.1 got the properties under

    the registered partition deed dated 31.03.1952 and also

    continuing business fallen to his share, out of joint family

    properties and continued the business, he has purchased

    the properties in his name in the name of defendant

    No.2, in the name of plaintiff No.2 and defendant No.4
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    Hence, all these properties are joint family properties.

    The learned counsel for the defendant No.5 relied upon

    several judgments. He relied on the judgment of Hon’ble

    Supreme court reported in (1965) AIR SC 289

    (K.V.NARAYANASSMI IYER VS. K.V. RAMAKRISHNA

    IYER AND OTHERS) to contend that when the joint

    family having sufficient nucleus to acquire the property,

    the property in the name of any member should be

    presumed to have been acquired from the funds of joint

    family. He relied upon the judgment of Hon’ble

    Supreme Court reported in AIR 1972 SC 2531

    (BAIKUNTHA NATH PARAMNIK (DEAD) BY HIS LRS

    AND HEIRS VS. SASHI BHUSAN PARAMANIK), to

    contend that when there is joint family property, then the

    burden of proof as regards jointness or self acquisition

    upon the person who asserts that it is a joint family

    property. Proof of the existence of a joint family does not

    lead to the presumption that the property held by

    members of the family is in joint. IN a case where it is

    established that the family possessed some joint property

    which from its nature and relative value may have

    formed the nucleus from which the property in question
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    might have been acquired, the burden shifts to party

    alleging self-acquisition to establish affirmatively that the

    property was acquired without the aid of joint family

    property. He relied upon the ruling of the Hon’ble

    Supreme Court reported in AIR 1966 SC 411 Achuthan

    Nair vs. Chinnamu Amma and others to contend that

    under Hindu Law, when a property stands in the name of

    a member of a joint family, it is incumbent upon those

    asserting that it is a joint family property to establish it.

    When it is proved or admitted that a family possessed

    sufficient nucleus with the aid of which the member

    might have made the acquisition, the law rises a

    presumption that it is a joint family property and the onus

    is shifted to the individual member to establish that the

    property was acquired by him without the aid of the said

    nucleus. This is a well settled proposition of law.

    Appalaswamy vs Suryanarayanamurti AIR 1947 P

    189 Babubhai Girdharlal vs Ujamlal Hargovandas AIR

    1937 Bom Dattatraya Vs Mohan WP No. 8821/2013

    d/d 30/9/2014 Bombay High Court (Aurangabad

    bench) Coparcenary distinction with Joint Hindu family.

    He relied upon the judgment reported in AIR 1970 SC
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    14 N.V.Narendranath vs CWT to contend that, A Hindu

    joint family consists of all persons lineally descended

    from a common ancestor, and includes their wives and

    unmarried daughters. A Hindu coparcenary is a much

    narrower body than the Hindu joint family; it includes

    only those persons who acquire by birth an interest in the

    joint or coparcenery property, these being sons,

    grandsons and great- grandsons of the holders of the

    joint family property for the time being, Property acquired

    during the jointness of the family Existence of joint Hindu

    Family being not disputed, the property acquired during

    the jointness of the family is the property of Joint Hindu

    Family and belonged to all the members of the family. He

    relied on the judgement between Ramchandra Dubey

    and another vs. Dy. Director of Consolidation &

    others AIR 1978 All 157 No presumption under Hindu

    Law that a business standing in the name of any member

    of the joint family is a joint family business to contend

    that It is well established that there is no presumption

    under Hindu Law that a business standing in the name of

    any member of the joint family is a joint family business

    even if that member is the manager of the joint family.
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    Unless it could be shown that the business in the hands

    of the coparcener grew up with the assistance of the joint

    family property or joint family funds or that the earnings

    of the business were blended with the joint family estate,

    the business remains free and separate. The question

    therefore whether the business was begun or carried on

    with the assistance of joint family property or joint family

    funds or as a family business is a question of fact and has

    to be proved by evidence. Nadir Ali & ors vs Jt. Director of

    Consolidation Sultanpur (2016) 3 ADJ 615. He relied upon

    the ruling reported in Ramesh Verma (D) through LRS vs

    Lajesh Saxena 2017 AIR SC 494 =(2017) 3 SCC 257

    to contend that Hindu Succession ActSec. 6 deals with

    the question of coparcener in a Mitakshara coparcener

    dying after coming into operation of the Hindu succession

    Act, without making any testamentary disposition of his

    undivided share in the joint family property. The initial

    part of Sec. 6 stresses that the Act does not interfere with

    the special rights of those who are members of

    Mitakshara property except to the extent that it seeks to

    ensure the female heirs as specified in Class-I of

    schedule, a share in the interest of a coparcener in the
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    event of his death by introducing the concept of notional

    partition immediately before his death. Proviso to Sec. 6

    operates where the deceased has left surviving him, a

    daughter or any female as specified in Class I of the

    schedule. He relied upon the ruling reported in AIR 1997

    SC 1333 – Sher Singh and others vs Gamdoor Singh

    to contend that to contend that Hindu law – coparcenary

    property existence of joint family not disputed property

    held by family assumes character of coparcenary

    property finding of court that every member of family

    was entitled to 1/6th share in property – Proper. He relied

    upon the ruling reported in AIR 1992 AP 270 – Purna Bai

    and others vs Rachhoddas and others Hindu Law – joint

    family – self acquired property of member – proof

    members doing family business – properties purchased in

    the name of members – plea that properties were

    purchased by each member from his self-earnings sale

    deeds and witnesses to prove purchase from self-earning

    however not produced by members – held, properties

    were joint family properties. He relied upon the ruling

    reported in AIR 2003 SC 1880 – Madanlal (dead) by

    LRs and others vs Yoga Bai (dead) by LRS to
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    contend that Hindu Law partition – property in question

    raised and developed by joint efforts of father and his

    sons – it is joint family property – amenable for partition

    among father and his sons. Hindu Law Joint

    family – existence of property is not a necessary

    incident. He relied upon the ruling reported in AIR 1926

    Madras 273 Janakiram Chetty vs G.C.Nagamony Mudaliar

    Hindu Law — partition possession of property is not

    necessary to decide status. He relied upon the ruling

    reported in AIR 1969 SC 1330 Ram (dead) by LRs – State

    Bank of India vs Ghamandi to contend that The incidents

    of coparcenership under the Mitakshara law are-(1) the

    lineal male descendants of a person upto the third

    generation, acquire on birth ownership in the ancestral

    properties of such person;(2) Such descendants can at

    any time work out their rights by asking for partition;(3)

    till partition, each member has got ownership extending

    over the entire property, conjointly with the rest;(4) as a

    result of such co-ownership the possession and

    enjoyment of the properties is common;(5) no alienation

    of the property is possible unless it be for necessity

    without the concurrence of the coparceners; and (6) the
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    interest of a deceased member lapses on his death to the

    survivors. He relied upon the ruling reported in AIR 1954

    SC 379 Srinivas Krishnarao Kango vs Narayan

    Devjoi Kango & others to contend that Hindu

    Law – joint family – self-acquisition existence of joint

    family property – burden of proof – proof of the existence

    of a joint family does not lead to the presumption that

    property held by any member of the family is joint and

    the burden rests upon anyone asserting that any item of

    property was joint to establish the fact. But where it is

    established that the family possessed some joint property

    which from its nature and relative value may have

    formed the nucleus from which the property in question

    may have been acquired, the burden shifts to the party

    alleging self-acquisition to establish affirmatively that the

    property was acquired without the aid of the joint family

    property. – Important thing to consider is the income

    which the nucleus yields. He relied upon the ruling

    reported in AIR 1988 Cal 375 Girindra Nath Mukherjee &

    others vs Soumen Mukherjee & others to contend that

    Benami property purchased in name of minor sons by

    father – minors have no means to acquire properties at
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    relevant time consideration money proved to be paid by

    father – sons sere not intended to be real owners of

    properties the contrary father himself asserting his title

    and possession held properties could be presumed to be

    acquired by father for his own benefit and transactions

    were benami transaction doctrine of advancement not

    applicable.

    25. On the other hand, the learned counsel for the

    plaintiff argued that what is the ancestral property is

    clearly described, defined, and explained by the Division

    Bench of Hon’ble High Court in 2009 (2) KCCR 1206

    (DB) (SRI.K.MADHAVA RAJA NAYAK VS. SRI. K.

    SRIDHARA NAYAK AND OTHERS), wherein the Hon’ble

    High Court vide para 16 and 17, it is held that co-

    parcenary properties means and includes (1) ancestral

    property (2) acquisition made by the coparcenrs with the

    help of ancestral property (3) joint acquisitions of the

    coparceners even without such help provided, there was

    no proof of intention on their part that the property

    should not be treated as joint family property and (4)

    separate property of the coparceners thrown into

    common stock. The term ancestral property is arising in
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    Hindu law. That means only such property as is inherited

    by a male from father, father’s father and father’s

    father’s father and such inheritor’s son, son’s son and

    son’s son’s son get an interest in it by birth. Hence,

    unless there is a nucleus of ancestral property with the

    aid of which the acquisitions are made, the acquisitions

    cannot be included within the concept of coparcenary

    property available fro partition between the members of

    the joint family. The coparcenary property is the property

    held by a coparcenary absolutely and free of all claims

    from the rest of the coparceners which is known as

    separate or self acquired property. He has relied upon

    the judgment of Hon’ble Supreme court which is reported

    in 2016 4 SCC PG 68 (UTTAM VS. SAUBHAG SINGH

    AND OTHERS) and submitted that in this case the

    Hon’ble Supreme Court held that, some other judgments

    were cited before us for the proposition that joint family

    property continues as such even with a sole surviving

    coparcener, and if a son is born to such coparcener

    thereafter, the joint family property continues as such,

    there being no hiatus merely by virtue of the fact there is

    a sole surviving coparcener. Dharma Shamrao Agalawe v.
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    Pandurang Miragu Agalawe (1988) 2 SCC 126, Sheela Devi v. Lal Chand,

    (2006) 8 SCC 581, and Rohit Chauhan v. Surinder Singh (2013) 9 SCC

    419, were cited for this purpose. None of these

    judgments would take the appellant any further in view of

    the fact that in none of them is there any consideration of

    the effect of Sections 4, 8 and 19 of the Hindu Succession

    Act. The law, therefore, insofar as it applies to joint family

    property governed by the Mitakshara School, prior to the

    amendment of 2005, could therefore be summarized as

    follows:-

    (i) When a male Hindu dies after the
    commencement of the Hindu Succession Act,
    1956
    , having at the time of his death an
    interest in Mitakshara coparcenary property, his
    interest in the property will devolve by
    survivorship upon the surviving members of the
    coparcenary (vide Section 6).

    (ii) To proposition (i), an exception is contained
    in Section 30 Explanation of the Act, making it
    clear that notwithstanding anything contained
    in the Act, the interest of a male Hindu in
    Mitakshara coparcenary property is property
    that can be disposed of by him by will or other
    testamentary disposition.

    (iii) A second exception engrafted on
    proposition (i) is contained in the proviso to
    Section 6, which states that if such a male
    Hindu had died leaving behind a female relative
    specified in Class I of the Schedule or a male
    relative specified in that Class who claims
    through such female relative surviving him,
    then the interest of the deceased in the
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    coparcenary property would devolve by
    testamentary or intestate succession, and not
    by survivorship.

    26. (iv) In order to determine the share of the
    Hindu male coparcener who is governed by
    Section 6 proviso, a partition is effected by
    operation of law immediately before his death.
    In this partition, all the coparceners and the
    male Hindu’s widow get a share in the joint
    family property.

    27. (v) On the application of Section 8 of the
    Act, either by reason of the death of a male
    Hindu leaving self-acquired property or by the
    application of Section 6 proviso, such property
    would devolve only by intestacy and not
    survivorship.

    28. (vi) On a conjoint reading of Sections 4, 8
    and 19 of the Act, after joint family property
    has been distributed in accordance with section
    8
    on principles of intestacy, the joint family
    property ceases to be joint family property in
    the hands of the various persons who have
    succeeded to it as they hold the property as
    tenants in common and not as joint tenants.

    29. He relied on the judgment of Hon’ble Supreme

    Court in CIVIL APPEAL No.5401/2025 (ANGADI

    CHANDRANNA VS. SHANKAR & OTHERS), wherein in

    para 17 of the judgment it is held that, it cannot be

    disputed that the properties divided among Defendant

    No.1 and his brothers through partition deed dated

    09.05.1986, are joint family properties. However, as per
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    Hindu law, after partition, each party gets a separate and

    distinct share and this share becomes their self-acquired

    property and they have absolute rights over it and they

    can sell, transfer, or bequeath it as they wish.

    Accordingly, the properties bequeathed through partition,

    become the self-acquired properties of the respective

    sharers. By relying on these citations, the learned

    counsel for the plaintiff argued that the properties which

    fallen to the share of defendant No.1 under the partition

    deed dated 31.05.1952 becomes separate / self acquired

    properties and the plaintiffs, defendants No.2 to 7 are not

    having any share in the properties fallen to the share of

    defendant No.1. He further argued that all the acquisition

    made by the defendant No.1 subsequent to the partition

    of the year 1952 is his self acquired property and

    separate property.

    30. On the other hand the learned counsel for the

    defendants No.4, 6 & 7 argued that, the properties which

    were fallen to the share of defendants under the

    registered partition deed dated 31.03.1952 was also

    shown in the partition deed dated 27.03.1945 marked at

    Ex.D70 which was fallen to the share of Munivenkatappa,
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    who is the father of the defendant No.1. he argued that

    under Ex.D70 partition deed dated 27.03.1945

    Munivenkatappa father of the defendant No.1 got 41

    items of properties towards his share which included the

    plaint schedule item No.15, 22 to 29 and item No.5 of

    counter claim schedule property of defendants No.4, 6 &

    7. He submitted that under Ex.D70 the land in

    Sy.No.50/A, 50/B, 50/C, 50/D measuring 24 acres of land

    and also in Sy.No.50/1, 50/2, 50/3 measuring 12 acres of

    Kushki land totally 36 acres of land fallen to the share of

    Munivenkatappa. Apart from this he also received

    garden land bearing Sy.No.67/4, measuring 28 guntas of

    land and Sy.No.67/6 measuring 25 guntas of land

    situated at Baluvanahalli village in which 200 coconut

    fruit yield trees. In addition to this he also got residential

    premises, non-residential properties which were yielding

    large rental income. He argued that after division on

    27.03.1945 Munivenkatappa along with his four sons

    including defendant No.1 continued the family business

    and acquired large number of properties and at the time

    of partition dated 31.03.1952 the properties enhanced

    four times. Under partition deed dated 31.03.1952 vide
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    Ex.D1 out of total property worth Rs.5,27,970/-, property

    worth Rs.1,05,594/- fallen to the share of defendant No.1.

    The defendant No.1 also continued the business. Hence,

    out of properties fallen to his share and the business he

    was able to acquired the properties after 1952. He

    argued that the plaintiff in the plaint itself has stated that

    his great grand father Munivenkatappa was successful

    businessman which continued by defendant No.1 and the

    defendant No.1 who succeeded the properties under the

    partition deed dated 31.03.1952 acquired several

    properties in his name, in the name of defendant No.2

    and defendant No.4. The very admission given by the

    plaintiff in the plaint as well as in the written statement

    of the defendants No.1 to 3 is sufficient to hold that the

    defendant No.1 has purchased the properties in his name

    and in the name of defendant No.2 in the name of

    plaintiff No.2 by using joint family property funds. Hence,

    it cannot be held that the properties which were given to

    the share of defendant No.1 under the registered

    partition deed dated 31.03.1952 is his separate

    properties.

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    31. The learned counsel for the defendants No.4, 6 & 7

    relied on the recent judgment of Hon’ble Superme Court

    decided on 05.02.2026 in CIVIL APPEAL No.2129-2130

    / 2012 DECIDED ON 05.02.2026 (DORAIRAJ VS.

    DORAISAMY (DEAD) THROUGH LRS AND OTHERs)

    and submitted that facts of this suit and cited decisions

    are similar and in this judgment the Hon’ble Supreme

    Court upheld the judgment of Hon’ble High Court and

    dismissed the Civil appeal. He relied on the judgment of

    Hon’ble High Court of Karnataka in RFA No.1905 / 2005

    decided on 09.12.2020 (C.N. LEELVATHI VS.

    M.NARAYANAPPA AND OTHERS).

    32. The learned counsel for the defendants No.4, 6 & 7

    relied on the judgment of Hon’ble Supreme Court

    reported in 2020(9) SCC-1 (VINEETA SHARMA VS.

    RAKESH SHARMA AND OTHERS) and submitted that

    the daughters are became coparceners by birth. He relied

    on the judgment of Hon’ble Supreme Court in CIVIL

    APPEAL No.3159 – 3160 /2019 (NEELAM GUPTA VS.

    RAJENDRA KUMAR). He also relied on same judgment

    relied by the learned counsel for the defendant No.5

    reported in AIR AIR 1954 SC 379 (SRINIVASA KRISHNA
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    RAO KANGO VS.NARAYAN DEVJI KANGO) and submitted

    that since there is a property allotted to the defendant

    No.1 under the partition of the year 1952 and these

    properties and business which he continued was enable

    him to acquire the properties it shall be presumed that all

    the properties which purchased by the defendant No.1 in

    his name in the name of his wife, defendant No.2, in the

    name of plaintiff No.2 should be considered as joint

    family properties.

    33. I have appreciated rival contentions. I have already

    mentioned what are all properties fallen to the share of

    defendant No.1 under the registered partition deed dated

    31.03.1952. DW2 in his further examination in-chief by

    producing the documents given his further evidence. DW

    2 has deposed that huge number of properties such as

    agricultural, house property and movable properties

    came to the share of his great grand father

    Munivenkatappa under the registered partition deed

    dated 27.03.1945. He has deposed that under partition

    deed dated 27.03.1945 between Munivenkatappa and his

    brother’s son N.M.Muniswamappa they divided the
    112
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    properties between them and in that partition his great

    grand father Munivenkatappa got his share about 41

    items of the properties including item No.5 of counter

    claim schedule, item No.15 of the plaint schedule,

    Sy.No.50/A, 50/B, 50/C, 50/D, measuring 24 acres of land

    and also Sy.No.50/1, 50/2, 50/3 measuring 12 acres

    kushki land, totally measuring 36 acres of Kushki land

    besides other properties. In addition, his great grand

    father also got sy.No.67/4, measuring 28 guntas of land,

    Sy.No.67/6 measuring 25 guntas of land situated at

    Belavana village, in which there were 200 coconut fruit

    yielding trees. Total value of the properties fallen to the

    share of Munivenkatappa was Rs.1,31,981.11 anas. In

    order to substantiate this contention he has produced

    and got marked Ex.D70 certified copy of registered

    partition deed dated 27.03.1945. Ex.P70(a0 is the typed

    copy of Ex.D70.

    34. During the course of cross examination of DW 2 by

    the learned counsel for the plaintiff DW 2 has denied the

    suggestion that Ex.D70 is the concocted document. It is

    pertinent to note that the document Ex.D70 is the
    113
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    certified copy of the partition deed dated 27.03.1945 is

    30 years old document and it has evidentiary value

    u/S.90 of Indian Evidence Act. DW2 has deposed that

    the defendant No.1 under Ex.D1 got 8 properties towards

    his share which include item no.15, 23 to 29of plaint

    schedule and item No.5 of counter claim schedule

    property. But PW 1 has falsely contended that his great

    grand father Munivenktappa did not receive any

    properties as ancestral properties. DW 2 has deposed

    that the plaint schedule item No.23 to 29 were came to

    be granted in favour of N.A.Muniswamappa (son of

    N.A.Munishamappa elder brother son of his great grand

    father N.A.Munivenkatappa) which are also joint family

    properties. The same properties came to be allotted to

    the share of great grand father N.A.Munivenkatappa

    under the registered partition deed dated 27.03.1945. he

    has also produced original grant certificate dated

    14.04.1938 which is marked at Ex.D72. DW 2 has

    produced original valuation certificate dated 20.08.1970,

    which is marked at Ex.D73 and also produced certified

    copy of the record of rights of the year 1970, which is

    marked at Ex.D74, certified copy of the record of rights of
    114
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    the year 1976 marked at Ex.D75,certified copy of index

    of the land of the year 1970, which is marked at Ex.D76.

    The certified copy of the record of rights of the year 1970

    which is marked at Ex.D77. DW 2 also produced and got

    marked the documents Ex.D78 to D84 RTC of the year

    1965-66 to 1969-70. Even though the plaintiff during the

    course of cross examination of DW 2 would contend that

    all these documents are created and concocted

    documents in order to substantiate such contentions, the

    plaintiffs have not produced any counter documents. All

    these documents marked at Ex.D70 to D84 are 30 years

    old documents which are having evidential value. The

    oral evidence of DW2, which is supported by the

    documents Ex.D70 to 84 is sufficient to hold that under

    the partition of the year 1952 as per Ex.D1, the

    defendant No.1 got ancestral properties as his share.

    The plaintiff in his plaint itself stated that his great grand

    father Munivenktappa was successful businessman

    during his life time and his grand father defendant No.1

    N.M.Annaiah succeeded the properties of

    Munivenkatappa and developed the ancestral properties

    inherited from Munivenkatappa by virtue of the partition
    115
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    deed dated 31.032.1952 and thereafter the defendant

    No.1 acquired several immovable properties from nucleus

    joint family income. When there is a specific pleadings

    on the side of the plaintiff as well as defendants No.1 to 3

    that the defendant No.1 N.M.Annaiah who had inherited

    the properties from his father Munivenkatappa and he

    had developed the properties and business and acquired

    immovable properties from the nucleus of joint family

    income, no other proof is required to say that the

    defendant No.1 after 1952 partition started to purchase

    the properties out of ancestral properties income and

    also from by developing the business inherited from his

    father Munivenkatappa. I have gone through the

    decisions cited by the learned counsel for the plaintiff

    reported in 2016 4 SCC PG 68 (UTTAM VS. SAUBHAG

    SINGH AND OTHERS) and judgment of Hon’ble High Court

    of Karnataka reported in 2009 (2) KCCR 1206 (DB)

    (SRI.K.MADHAVA RAJA NAYAK VS. SRI. K. SRIDHARA

    NAYAK AND OTHERS). There is no dispute regarding

    principles laid down by the Hon’ble Supreme Court and

    Hon’ble High Court in these cited decisions. But in the

    present suit the plaintiff as well as defendants No.1 to 3
    116
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    themselves admitted in the pleadings that the defendant

    No.1 who had succeeded the ancestral properties from

    his father’s development including business development

    and purchased the immovable property from nucleus of

    joint family income, in his name and in the name of his

    wife defendant No.2, in the name of defendant No.4, no

    other proof is required. More than that when we

    compared the documents Ex.D70 to D84 with Ex.D1

    partition deed, one thing is very clear that the defendant

    No.1 inherited the ancestral properties which were fallen

    to the share of his father under the registered partition

    deed dated 27.03.1945. The plaintiff No.1, defendant

    No.5, defendants No.6 & 7 who are the grand children of

    defendant No.1 are the third generation. Hence, in view

    of the judgment of Hon’ble Supreme Court in VINEET

    SHARMA‘s case the defendant No.5 acquired right over

    the ancestral properties by birth. Likewise, the plaintiff

    No.1, defendants No.6 & 7 are also acquired their rights

    by birth. Since there is no documents on the side of the

    plaintiff to substantiate that other than joint family

    income the defendant No.1 had other income of his own,

    it has to be presumed that the properties are purchased
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    by the defendant No.1 in his name, in the name of his

    wife and in the name of plaintiff No.2 and defendant No.4

    are all joint family properties

    35. The defendants No.4, 6 & 7 as well as defendant

    No.5 have taken contention that the written statement

    schedule item No.1 property is the joint family property

    which purchased in the name of plaintiff No.2 by the

    defendant No.1 by using joint family funds. The

    documents Ex.D22 certified copy of the sale deed is

    marked which would go to show that this property item

    No.1 of written statement schedule purchased on

    15.04.1974. PW 1 in his examination in-chief has

    deposed that this property item No.1 was purchased by

    him from his self earned money of Rs.17,000/-. In the

    written statement of the defendants No.1 to 3 they have

    taken contention that the defendant No.3 is qualified

    well-educated person and during his young days, he was

    working as Manager of the company and he was drawing

    salary of Rs.1,000/- p.m. during those days. He was

    working as Manager in Ennem Polpax company from

    1972 to 1976. Out of his own income he had purchased
    118
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    this property. The learned counsel for the defendant

    No.5 argued that at the time when this item No.1 was

    purchased plaintiff No.2 was aged 19 years 5 months. At

    that relevant point of time, the plaintiff No.2 did not had

    any source of income to purchase the property. This

    property was purchased in the name of plaintiff No.2 by

    using joint family income. The learned counsel for the

    defendant No.4, 6 & 6 submitted that at the time of

    purchasing item No.1 of written statement schedule

    property the plaintiff No.2 was hardly 22 years and he

    was student and he had no source of income of his own.

    In this suit, even though the plaintiff No.2 has taken such

    contention that he was working as Manager in Ennem

    Polpax company and he had his independent source of

    income, he has not produced any documents. PW 1 has

    claimed that he is Income Tax assessee. If at all he was

    income tax assessee he should have produced income

    tax returns statement. Even though the plaintiff No.1 has

    taken contention that he had joint partnership firm in the

    year 1970 itself and getting the share in the property,in

    order to substantiate this contention also he has not

    produced any documents. Admittedly, the plaintiffs and
    119
    O.S.No. 1990/2018

    defendants No.1 to 7 living together in the same house

    till 2006-07. PW 1 in his cross examination admitted the

    suggestion that during the year 2006-07 all of them the

    plaintiffs and defendants No.1 to 7 were residing in the

    plaint schedule item No.1. They were not divided any

    properties till the year 2015. When the plaintiffs and

    defendants No.1 to 7 were living together in the same

    house and messing in common kitchen it cannot be held

    that the plaintiff No.2 and defendant No.4 are having

    their separate income so as to purchase the properties

    of their own. If at all the plaintiff No.2 and defendant

    No.4 had any such separate income they should have

    produced the bank statement to show that they were

    getting separate income. But in this suit absolutely there

    is no documents to show that the plaintiff No.2 had his

    separate income so as to purchase the counter claim

    schedule item No.1 of the defendants No.4, 6 & 7.

    Hence, it has to be held that the counter claim schedule

    item No.1 property of the written statement of

    defendants No.4, 6 & 7 is the joint family property.

    36. The counter claim schedule item No.2 of the

    property purchased by the defendant No.1 under
    120
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    registered sale deed dated 28.10.1970. In this regard

    document Ex.D20 certified copy of the sale deed is

    marked. PW 1 has deposed that this property purchased

    by his father from self earned income. On the other hand

    DW1 and 2 have stated that it was purchased out of joint

    family income. As I already noted that the defendant

    No.1 who had inherited the ancestral property and the

    business started to purchase the properties in 1956

    onwards. There is no documents on the side of the

    plaintiffs to show that the defendant No.1 had his own

    income other than the income from the ancestral

    properties and the business which he was continued after

    partition. Hence, it can be held that the suit schedule

    item No.2 also joint family property purchased by the

    defendant No.1 out of joint family funds.

    37. The counter claim schedule item No.3 was

    purchased by the defendant No.1 under registered sale

    deed dated 04.05.1966. In this regard document Ex.D23

    is marked in the cross examination of DW 1. The counter

    claim item No.4 property purchased by the defendant

    No.1 under the registered sale deed dated 04.02.1968.
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    This property in item No.4 was given to defendant No.1

    under the sale certificate dated 04.02.1968 executed by

    Yelahanka Town Municipal counsel, Bengaluru. Absolutely

    there is no document produced by the plaintiffs to show

    that the defendant No.1 had any other income other than

    the income from the ancestral properties and from the

    business which he continued from his father and from the

    ancestral joint family funds. As I already observed that in

    the plaint as well as in the written statement of

    defendants No.1 to 3 they themselves stated that the

    defendant No.1 who had succeeded ancestral properties

    and business developed the same and purchased several

    properties in his name, in the name of his wife and in the

    name of defendant No.4. Under such circumstances,

    without there being any evidence on the side of the

    plaintiffs to show that there was any independent income

    of defendant No.1 other than the income from the

    properties inherited by the ancestors the defendant No.1

    and he had any independent source of income, it cannot

    be held that the counter claim schedule item No.3 and 4

    are the self acquired properties of the defendant No.1.

    38. With regarding to counter claim, schedule item No.5
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    of defendants No.4, 6 & 7 is concerned this property was

    fallen to the share of defendant No.1 under the registered

    partition deed dated 31.03.1952. This court already

    observed that this property originally belongs to father of

    the defendant No.1. In this regard DW 2 has got marked

    document Ex.D70. Hence it can be held that item No.5 of

    counter claim of D4,6,7 is the ancestral and joint family

    property.

    39. In this suit, on the side of the plaintiffs in

    examination in chief of PW1, no documents are marked.

    During the course of cross-examination of DW1 and 2, 15

    documents are marked on the side of the plaintiffs. Ex.P 1

    is the notarized attested true copy of death certificate of

    NM Anniah who died of 1.11.2020. There is no dispute

    regarding death of defendant no. 1. Ex.P2 is the portion

    of WS filed by defendant no. 1 to 3 which confronted to

    DW1. Ex.P3 is the certified copy of orders passed on IA

    No. 3 in OS No. 1927/2021 to show that the plaint filed by

    DW1/defendant no. 5 came to be rejected under Order VII

    Rule 11 of CPC. Ex.P4 is the certified copy of plaint in OS

    No. 5958/2022 filed by the present defendant No. 5/DW1

    against the present plaintiffs seeking partition with
    123
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    respect to the properties on which decree on admission is

    passed in this suit. Ex.P5 is the certified copy of orders

    passed on IA No. 1, 2 and 5 in OS No. 5958/2022 by

    learned 39th Addl City Civil Judge(CCH 39) Bangalore

    wherein by allowing IA No. 5 filed under Order VII Rule 11

    CPC plaint came to be rejected on the ground that there

    is no cause of action to file the second suit for partition

    when there is a comprehensive suit in OS No.

    1990/2018(present suit) is pending. Ex.P6 are 9

    photographs with regarding to jewels. Ex.P7 is reply

    notice dated 12.12.2022 issued by DW1 to the SHO of

    Chanarayapatna Police Station. Ex.P8 is the certified copy

    of order sheet in CC No. 2652/20223. Ex.P9 is the

    certified copy of FIR in Crime No. 80/2021 registered by

    Devanahalli Police against the DW1 based on the first FIS

    lodged by the plaintiff no. 2. Ex.P10 is the certified copy

    of chargesheet filed against DW1. Ex.P11 is the certified

    copy of WS filed in OS No. 4858/2022 in suit filed before

    CCH-6 Bangalore. Ex.P12 is the certified copy of plaint in

    OS No. 4858/2022 filed by plaintiff no. 2 and his wife

    against defendant no. 5 and 2 others. Ex.P13 is the

    certified copy of IA No. 1 filed in OS No. 4858/2022.
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    Ex.P14 is the certified copy of Memo filed in OS No.

    4858/2022. Since all these documents Ex.P1 to Ex.P14

    are admitted by DW1 in her cross-examination, hence

    these documents are marked. Ex.P15 is the copy of

    partnership deed marked in the cross-examination of

    DW2 but DW2 has deposed that this document is

    incomplete document. Thus on perusal of the documents

    marked on the side of the plaintiffs, none of the

    documents are helpful to the plaintiffs to say that written

    statement schedule properties are self acquired

    properties of defendant no. 1 and plaintiff no. 2. There is

    absolutely no documents on the side of the plaintiffs to

    show the plaintiff no. 2 had his separate income so as to

    purchase the properties in his name.

    40. PW1 has deposed that counterclaim Item No. 6 of

    the property is his separate property as he acquired the

    same when he was very young from his own earnings

    and the money received from his uncle for assisting them

    in their shares and stocks trading business and the

    money lent to him by his father which was recovered

    from his share in the partnership firm. Inorder to

    substantiate such contention taken by PW1, he has not
    125
    O.S.No. 1990/2018

    produced any documents. DW2 in his examination in

    chief has deposed that Item No. 6 of his counterclaim

    Schedule was purchased under registered sale deed

    dated 23.10.1970. He has deposed that defendant no. 1

    purchased this property in the name of plaintiff no. 2. At

    the time of purchase of this property, plaintiff no. 2 was a

    minor and he had no source of income at all. This

    property came to be purchased by the defendant no. 1 as

    a kartha of Hindu undivided joint family out of nucleus of

    joint family income. Ex.D56 certified copy of the sale

    deed is marked through DW2. The learned counsel for the

    plaintiffs vehemently argued that since this property in

    item No. 6 already acquired for road, it is not in existence

    and it cannot be divided. He relied on the judgment of

    Hon’ble Apex Court on special Reference No. 1/1974

    reported in AIR 1974 SC Pg No. 1682. He submitted that

    at Pg No. 1686, para No. 15 at 8th line, it is held that

    “The Maxim of law impotentia excusat legem is

    intimately connected with another maxim of law lex non

    cogit ad impossibilia. Impotencia excusat legem is that

    when there is a necessary of invincible disability to

    perform the mandatory part of the law that impotentia
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    excuses. The law does not compel one to do that which

    one cannot possibly perform. “where the law create a

    duty or charge, and the party is disabled to perform it,

    without any default in him, and has no remedy over it,

    there the law will in general excuse him.”

    He argued that this court cannot partition Item No. 6 of

    counter-claim Schedule property as same is non existent.

    But the learned counsel for defendant No. 5 and counsel

    for defendant No. 4, 6 and 7 argued that at the time of

    execution of this sale deed dated 23.10.1970, the plaintiff

    no. 1 was aged about 17 years. He was minor. The first

    advance amount of Rs 20,000 was paid on 6.08.1965 to

    purchase this property and second advance of Rs 49,311

    was paid on 30.01.1967. At the time of payment of first

    advance, plaintiff no. 2 was 13 years of age and at the

    time of payment of second advance, plaintiff no. 2 was

    aged 15 years. That itself shows the entire sale

    consideration amount was paid by defendant no. 1. There

    is some force in the arguments of the learned counsels

    for defendant no. 4 to 7. It is not in dispute that plaintiff

    no. 1 was born of 15.11.1952. As on the payment of first

    advance on 6.08.1965, he was aged 13 years. As on
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    payment of second advance on 30.01.1967, he was aged

    15 years. Even as on the registration of sale deed on

    23.10.1970, he was aged 17 years and 11 months. He

    was minor. The contention of the plaintiff no. 2 is that he

    started to earn in his young age is not believable. Plaintiff

    no. 2 holding 2 graduation i.e., BCom and Bsc by

    attending regular classes. Under such circumstances, it is

    very difficult to believe the version of plaintiff no. 2 that

    he had his own income during his minority. There is clear

    mention in the sale deed Ex.D56 regarding consideration

    amount passed from defendant no. 1. The defendant No.

    1 who was the kartha of the family developed the

    properties succeeded by his father and purchased several

    properties in his name, in the name of defendant no.2 as

    per the own plaint averments of the plaintiff. Under such

    circumstances, it can be held that the counterclaim item

    no. 6 of defendant no. 4, 6 and 7 was acquired by the

    defendant no. 1 out of joint family fund. I have gone

    through the decision cited by the learned counsel for the

    plaintiff reported in AIR 1974 SC 1682. In my humble

    view, this cited decision can be distinguished on facts.

    Even though it is admitted fact that the property Item No.
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    6 of counterclaim already acquired by the BBMP and the

    amount already deposited, since inorder to deposit such

    amount, the main base is the immovable property,hence

    this court can divide the compensation amount. It is

    pertinent to note that the plaintiff no. 1 and 2 have

    already received 1/6th share in the deposited

    compensation amount. It at all this compensation amount

    exclusively belongs to plaintiff no. 2, what made the

    plaintiff no. 1 to claim 1/6th share in the compensation

    amount is not made known. The plaintiff no. 1 who

    initiated this suit in the plaint claimed one sixth share in

    the plaint schedule properties. The oral evidence of DW1,

    DW2 and document Ex.D56, copy of sale deed would go

    to show that the counterclaim item no. 6 is the joint

    family property of the plaintiffs and defendant no. 4 to 7.

    41. The learned counsel for the plaintiffs much argued

    that the plaintiff no. 1 added plaint schedule Item No. 19

    to 29 because with hope that the matter would amicably

    settle. He argued that since there is a partition deed as

    per Ex.D4 and Ex.D5 which are duly acted upon, these

    properties item no. 19 to 29 are not available for

    partition. The learned counsel for the defendant no. 5 as
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    well as the defendant No. 4, 6 and 7 have submitted that

    Plaint Item No. 19 to 29 are the subject matter of the

    partition deed dated 31.03.1952 which are the ancestral

    property of defendant no. 1. The learned counsel for

    defendant no. 4, 6 and 7 submitted that when the

    defendant no. 4 moved IA No 24 under Oder XII Rule 6

    seeking to pass preliminary decree for partition and

    seperate possession of these Item No. 19 to 29 of the

    plaint schedule properties, on the basis of registered

    partition deeds dated 15.10.2015, the defendant no.3

    (now transposed as plaintiff no. 2 filed detained objection

    by contending that both partition deeds dated

    15.10.2015 cannot be construed as undisputed

    documents. It is contended that these partition deeds are

    incomplete documents and they have not been

    completely acted upon. Hence by considering the

    objection of the defendant No. 3, now transposed as

    plaintiff no. 2, this court was pleased to reject IA No. 24.

    There is some force in the arguments of the learned

    counsel for defendant no. 4, 6 and 7. This court already

    passed orders on IA No. 24 as per order dated

    29.05.2023 and IA No. 24 came to be rejected by
    130
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    considering the objection raised by defendant no. 3( now

    transposed as plaintiff no. 2) that partition deeds dated

    15.10.2015 cannot be construed as undisputed

    documents. Since the defendant no. 3(plaintiff no. 2)

    himself while filing the objection on IA No. 24 raised such

    contention that the partition deeds dated 15.10.2015 are

    not acted upon, the plaintiffs cannot approbate and

    reprobate. More than that the defendant no. 5, 6 and 7

    and plaintiff no. 1 are not parties to the documents Ex.D4

    and Ex.D5. Since the properties plaint schedule Item No.

    19,20, 23 to 29 are ancestral properties, the defendant

    No. 5 is entitled for equal share in these properties along

    with her father plaintiff no. 2 and brother plaintiff no. 1 as

    one branch in view of the judgment of Hon’ble Supreme

    Court in Veenetha Sharma case. The plaint schedule Item

    no. 19 to 29 are the joint family properties of the

    plaintiffs and defendant no. 4 to 7.

    42. So far as item No.6 and 17 of the plaint schedule

    property is concerned, it is the contention of the

    defendant No.4 is that it is his self acquired properties,

    but the plaintiffs and the defendant No.5 have taken

    contention that item No.6 and 17 of the plaint schedule
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    properties are the joint family properties of the plaintiffs

    and defendants. PW 1 in his examination in-chief has

    deposed that this property in item No.6 is situated at

    Sy,No.49/5 of Bommanahalli Village, Begur Hobli has

    been purchased in the name of defendant No.4 for a sum

    of Rs.20,000/- by the 1st defendant under the registered

    sale deed dated 27.07.1972, which is marked as Ex.D26

    through DW 2. He has deposed that in Ex.D26 itself it is

    clearly mentioned in handwriting of Sub-Registrar in the

    endorsement written by the Sub-Registrar, Bengaluru

    South Taluk that amount of Rs.20,000/- was paid in his

    presence by N.M.Annaiah for N.A.Ravigopal to

    K.R.Rangappa the vendor of the sale deed. DW 2 in his

    examination in chief has deposed that the property plaint

    schedule item no.6 is absolutely belongs to his father

    defendant No.4. He has deposed that his father is a B.Sc.

    and BE graduate . He did is B.Sc. in the National College

    and BE Electronics from BMS College of Engineering,

    Basavanagudi. His father beside looking after the joint

    family properties and joint family business and he was

    also having separate avocation out of his skill as

    Engineer and started earning from a young age. His
    132
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    father was into construction activity and earned

    substantial income which constitute separate and self

    acquisition out of his separate income. He has deposed

    that his father purchased item No.6 & 17 of the plaint

    schedule property out of his separate income. Hence,

    these two properties are his father’s self acquired

    properties. On the other hand, DW1 / defendant No.5

    would contend that the properties which are purchased in

    the name of defendant No.4 are purchased out of joint

    family funds. The learned counsel for the defendant No.5

    argued that plaint schedule item No.17 was purchased in

    the name of 4th defendant by the defendant No.1 under

    the registered sale deed dated 30.08.1993 out of joint

    family funds. Except taking the care of joint family

    properties standing in the name of defendant No.1

    defendant No.4 had no other income. PW 1 in his

    examination in-chief has deposed that item No.7 of the

    plaint schedule property has been purchased from the

    earnings from business of partnership firm M/s.

    N.M.Annaiah and Co. As such it is the property belongs to

    the plaintiff No.2 and defendant No.4. I have appreciated

    rival contentions and perused the records. On perusal of
    133
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    document Ex.D26 there is clear shara made by the Sub-

    Registrar, Bengaluru South Taluk in his handwriting that

    amount of Rs.20,000/- was paid in his presence by

    N.M.Annaiah for N.A.Ravigopal to K.R.Rangappa, the

    vendor in the sale deed. The very such endorsement

    made by the Sub-Registrar would indicate that the

    consideration amount was paid by the defendant No.1

    N.M.Annaiah, father of the plaintiff No.2 and defendant

    No.4. According to the defendants No.4, 6 & 7, the

    defendant No.4 is B.Sc., and B.E. graduate. This property

    in item No.6 was purchased on 27.07.1972. It is not in

    dispute that the defendant No.4 born on 09.02.1954.

    Hence, at the time of purchase of item No.6 of the

    schedule property the defendant No.4 was aged about 18

    years 5 months. In order to get graduation like B.Sc.,

    B.E. it requires at least 21 years. The purchase of this

    item No.6 of the plaint schedule as on 27.07.1972

    indicates that it was purchased when the defendant No.2

    was student. There is absolutely no document or

    evidence placed before the court to show that the

    defendant No.4 was earning income of his own, except

    the joint family funds. The endorsement made in Ex.D26
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    O.S.No. 1990/2018

    sale deed dated 27.07.1972 would go to show that the

    consideration amount of Rs.20,000/- was paid by the

    defended No.1 or kartha of the family. Hence, this court

    is of the opinion that the item No.6 of the plaint schedule

    property is of the joint family properties of the plaintiffs

    and defendants No.4 to 7. There is absolutely no

    evidence on the side of the defendants No.4, 6 & 7 to

    show that the item No.17 of the schedule properties also

    purchased out of separate income of defendant No.4.

    During the course of cross examination of PW1 and DW 1

    nothing worth is elicited from their mouth to suggest that

    the defendant No.4 had his separate income purchased

    the plaint schedule item No.6 and 17 out of his own

    income. On the other hand, the suggestion is made to PW

    1 is that till 2006 all the plaintiffs and defendant No.1 to 7

    were all living together in the same house and messing

    together indicates that there was no any division taken

    place in the family of the plaintiffs and defendants No.1

    to 7. Under such circumstances, the presumption is that

    the properties acquired are out of joint family funds.

    Hence, this court is of the opinion that the plaint schedule

    item no.6 & 17 are joint family properties of the plaintiffs
    135
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    and defendants No.4 to 7.

    43. With regarding to plaint schedule item No.9 is

    concerned, PW 1 in his examination in chief has deposed

    that item No.9 of the plaint schedule property was site

    bearing No.934 allotted to Dasamma as she has lost her

    site in Koramangala 1st Block, which was purchased in her

    name by the partnership firm N.M.Annaiah and co. of

    which she was also partner. At the time of allotment of

    the site she was aged about 83 years. At the time of

    execution of sale deed dated 09.09.2002 she was aged

    about 85 years and she was representing in that sale

    deed by the defendant No.4. The copy of the sale deed is

    marked through DW 2 as Ex.D34. PW 1 has deposed

    that later within a year Dasamma passed away and as

    per Bangalore Development Authority in any site allotted

    by the Bangalore Development Authority building has to

    be built within 10 years from the date of allotment. As

    per Ex.D34 the property was allotted on 04.02.2000. This

    property is located at the prime point in BTM Layout, II

    stage. Dasamma passed away in the year 2005, as such

    the remaining partners of N.M.Annaiah and co.
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    consisting partners such as himself, his father

    N.M.Annaiah, defendant No.1, his brother defendant No.4

    have decided to get the Katha to the property in the

    name of 2nd defendant who was also by then aged more

    than 75 years. It was decided that it would be expedient

    to get the property registered in the name of defendant

    No.4 to facilitate availing loan from the bank and financial

    institutions and to put up construction on the said

    property. Consequently, Ex.D55 Gift Deed dated

    05.04.2012 was executed by the defendant No.2, who is

    legal heir of Dasamma in favour of the 4 th defendant.

    Therefore, this property is joint family property belongs to

    him and defendant No.4.

    44. The learned counsel for the defendant No.5 argued

    that this property in item no.9 of plaint schedule is the

    joint family property. The sale deed was in favour of

    Dasamma dated 09.09.2002. The defendant No.4 was

    mere General Power of Attorney holder to get the sale

    deed executed by Bangalore Development Authority . He

    submitted that the sale consideration amount of

    Rs.3,43,345/- was used out of joint family funds. The
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    learned counsel for the defendants No.4, 6 & 7

    vehemently argued that the property item No.9 which

    was vacant site was subject matter of allotment made by

    Bangalore Development Authority in favour of Dasamma.

    He argued that perusal of Ex.D34 to 39 it is clear that

    the allotment made in favour of Dasamma and she paid

    the sale consideration to Bangalore Development

    Authority. The defendant No.4 as General Power of

    Attorney holder of Dasamma got sale deed registered in

    his name. Subsequently, Dasamma’s name was mutated

    in the office of BBMP. Upon her demise her only

    daughter N.a.Janaki Bai @ N.A.Narayanamma i.e.

    defendant No.2 succeeded to the estate of Dasamma

    which included item No.9. The defendant No.2 executed

    Gift Deed in favour of defendant No.4 which was

    accepted by defendant No.4, hence, the defendant No.4

    became absolute owner. He argued that as the property

    was inherited by defendant No.2 in view of S.15 and 16 of

    Hindu Succession Act, the same is absolute property of

    the defendant No.2. Hence, this property item No.9 is

    the separate property of defendant No.4.

    45. I have appreciated rival contentions and perused
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    the records. It is not in dispute that the defendant No.1

    married his own sister’s (Dasamma) daughter N.A.Janaki

    Bai @ N.A.Narayanamma, who is 2nd defendant in this

    suit. It is not in dispute that the defendant No.2 acquired

    or inherited through her mother item No.2, 3, 7, 8, 9, 10,

    13, 14 & 16 of the plaint schedule properties. It is

    pertinent to note that as this court allowed IA No.17 filed

    u/Or.XII R.6 of CPC, a decree on admission was passed

    with respect to all these properties i.e. schedule item

    No.2, 3, 7, 8, 10, 13, 14 and 16. The plaintiff in the plaint

    itself has stated that the defendant No.1 who developed

    ancestral properties out of the joint family funds

    purchased the properties in his name in the name of

    defendant No.2 and in the name of defendant No.4. The

    defendants No.1 to 3 in their written statement admitted

    the averments made by the plaintiffs by admitting that

    the defendant No.1 who succeeded joint family properties

    developed the same and by developing his business

    purchased the properties in his name, in the name of

    defendant No.2 and in the name of defendant No.4. While

    filing objection to IA No.17,D4,6,7 submitted that they

    have no objection to decree the suit on admission . Even
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    if we peruse the written statement contentions of the

    defendants No.4, 6 & 7 except they disputed regarding

    item No.6, 9 & 17 they have admitted all other plaint

    schedule properties are joint family properties. Under

    such circumstances, it can be safely held that even

    though this property was allotted to the name of

    Dasamma, who is the sister of defendant No.1 and sale

    deed executed in her favour represented by General

    Power of Attorney holder the defendant No.4, sale

    consideration amount was flown from the joint family

    funds. The defendant No.4 as General Power of Attorney

    holder got the sale deed executed in his name through

    Bangalore Development Authority . After the death of

    Dasamma as this property mutated in the name of

    defendant No.2 she executed Gift Deed in favour of

    defendant No.4. When there is such circumstances, that

    the defendant No.2 had inherited and acquired such

    properties i.e. item No.2, 3, 7, 8, 10, 13, 14 and 16 of the

    plaint schedule properties we cannot isolate this property

    item No.9 as separate property of defendant No.2. The

    defendants No.4, 6 & 7 have not produced any

    documents before this court to show that Dasamma had
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    her separate income, so as to purchase the property item

    no.9. Certain documents are marked through DW 2,

    which are marked as Ex.D34 to 39. Ex.D34 is the

    certified copy of sale deed dated 09.09.2002, which

    would go to show that Bangalore Development Authority

    executed this sale deed in the name of Dasamma

    represented by defendant No.4 as General Power of

    Attorney holder N.A.Ravi Gopal. Ex.D35 is the copy of

    death certificate of defendatn No.2 to show that she died

    on 17.03.2020. Ex.D36 is the property encumbrance

    certificate in form No.15. Ex.D37 is the encumbrance

    certificate in form No.16. Ex.D38 is the property tax

    receipt. Ex.D39 are e-Katha standing in the name of

    defendant No.4. Even though this property was allotted

    by Bangalore Development Authority in favour of

    Dasamma sale deed executed in her favour, but there is

    absolutely no evidence on the side of the defendants

    No.4, 6 & 7 to show that sale consideration was paid by

    her. On the contrary it would go to show that the sale

    consideration was given by defendant No.1 from the joint

    family funds. Hence, this court is of the opinion that the

    property in item No.9 is the joint family property of
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    plaintiffs and defendants No.4 to 7.

    46. The learned counsel for the plaintiffs argued that

    the property in item No.32, 33, 35, 36 of the plaint

    schedule properties are self acquired properties of

    plaintiff No.2 and are not available for partition. PW 1

    has deposed that he was purchased item No.32 on

    08.03.1974 from Venkata Boye and N.Munivenkatappa

    for sum of Rs.4,000/-. He has purchased item No.33 of

    the joint family property from Narayanappa and Pillappa

    for sum of Rs.2,000/- under the registered sale deed

    dated 14.06.1974. He has purchased item No.35 of the

    plaint schedule from Munishamappa for Rs.2,000/- on

    25.03.1974. He had purchased plaint schedule item

    no.36 from Narasimappa S/o Nagarajappa and Nagaraju

    for Rs.80,000/- on 25..07.1996. PW 1 has deposed that all

    these properties item No.32, 33, 35 & 36 of the plaint

    schedule properties are self accused acquired properties.

    47. In order to substantiate such contention taken by

    PW 1 and to show that item No.32,33,35,36 of plaint

    schedule are his self acquired properties he has not
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    produced any documents. According to PW 1 he had

    purchased these properties item No.32, 33 and 35 during

    the year 1974 and item No.36 in the year 1996. The

    learned counsel for the defendants No.4, 6 & 7 argued

    that in the year 1974 plaintiff No.1 / PW 1 was a student.

    The plaintiff No.2/PW 2 completed his graduation

    somewhere in the year 1976-77. he has no income of his

    own in order to purchase these properties. It is not in

    dispute that PW 1 is holding two graduations. In his cross

    examination he has deposed that he is paying income tax

    from the year 1970. If at all he had income tax returns

    document he should have produced the saem. It is

    undisputed fact that PW1 born in the year 1952. Hence,

    in the year 1974 he was hardly aged about 22 years. If

    at all he was not college going student at the time of

    purchase of these properties item No.32, 33 and 35 of

    plaint schedule he should have produced his degree

    certificates and college marks cards in order show in

    which year he had completed graduation. Even PW 1 has

    not produced his bank statement in order to show that he

    had sufficient amount in his bank account so as to enable

    him to purchase these properties without the assistance
    143
    O.S.No. 1990/2018

    of joint family funds. When it is admitted that till the year

    2006-07 all the plaintiffs and defendants No.1 to 7 were

    living under same roof, presumption is that they are

    acquired properties by using the joint family funds. PW 1

    in his cross examination stated that his date of birth is

    15.11.1952. He states that in the year 1968 he was aged

    about 17 years. Even though in his cross examination

    PW 1 has stated that he is having income tax returns

    documents since from the year 1970 and he is ready to

    produce the same before the court, but he has failed to

    produce income tax returns before the court. Under

    such circumstances, an adverse inference can be drawn

    against PW1 is that since he has not having such

    documents to show that he is filing the income tax

    returns from the year 1970 for that reason he has

    withheld to produce the documents. PW 1 in his cross

    examination admitted the suggestion that he has not

    produced any documents before this court to show that

    he had his independent income during the year 1974.

    Under such circumstances, self serving oral evidence of

    PW 1 is that these properties item No.32, 33, 35 and 36

    of the plaint schedule are his self acquired properties are
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    O.S.No. 1990/2018

    purchased by him by using self earned money is not

    acceptable. On the other hand, the plaint averments as

    well as contentions of the written statements of

    defendants No.1 to 3 would go to show that the

    defendant No.1 by using joint family nucleus purchased

    several properties in his name, in the name of defendant

    No.2 and in the name of defendant No.4 are also

    indicates that he had purchased these properties by

    using joint family funds. Hence, this court is of the

    opinion that these properties item No.32, 33, 34 & 36 of

    the plaint schedule properties are the joint family

    properties of the plaintiffs and defendants No.4 to 7.

    48. With regard to the contentions of the defendant

    No.5 with respect to item No.1 of her counter claim

    schedule property is concerned it is to be noted that

    same property is mentioned by the plaintiffs in the plaint

    as item No.18. This court already drawn decree on

    admission with regard to plaint schedule properties

    including item no. 18 of plaint schedule. Since this court

    already drawn preliminary decree on admission dated

    12.08.2022 this court cannot give contrary finding with
    145
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    regarding to the plaint schedule properties item No.1 to

    5,7, 8, 10 to 16, 18, 30, 31 and 34. With regarding to

    remaining immovable properties mentioned by the

    defendant No.5 in the counter claim schedule, the decree

    on admission already passed. Hence, this court need not

    give finding with regarding to properties under which

    preliminary decree on admission passed on 12.08.2022.

    The learned counsel for plaintiffs argued that item No.37,

    38, 40 of plaint schedule are not in existence. He

    submitted that with regarding to item No.40 and 41

    orders already passed in P&Sc No.66/2022 as per order

    dated 01.04.2022, which is attained finality. Hence, item

    no.40 and 41 of the plaint schedule properties also not

    available for partition.

    49. The plaintiffs even though claimed that except

    items No.1 to 5, 7, 8, 10 to 16, 18, 20, 31, 34, all other

    plaint schedule properties are ancestral and joint family

    properties. But during the course of arguments, the

    learned counsel for the plaintiffs argued that the plaint

    schedule item No.6, 9, 17, 37, 38, 39 and 42 are only

    available for partition. This court in the above paragraphs
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    given finding regarding item No.19 to 29, 32, 33, 35, 36.

    The learned counsel for the plaintiffs while addressing

    arguments submitted that the plaint schedule item

    No.40 and 41 are already decided in P&Sc No.66/2022.

    Such arguments addressed by the learned counsel for the

    plaintiffs regarding the order passed in P&Sc. No.66/2022

    is not disputed by the learned counsel for the defendants.

    Hence, one thing is very clear that the plaint schedule

    item No.40 stocks, debentures, bonds are all standing in

    the name of Smt.N.A.Janaki Bai and suit item No.41 fixed

    deposits, bank balance savings account, current account

    are standing in the name of N.A.Janaki Bai are not

    available for partition. In this suit even though the

    plaintiffs have claimed their right over the stocks, shares,

    debentures, bonds of bank standing in the name of

    N.M.Annaiah showing it as item No.37 and fixed deposits,

    bank balance, savings account of different banks

    standing in the name of N.M.Annaiah and showing it as

    item No.38 of plaint schedule properties and all antique

    collections, other items and valuable items held by

    N.M.Annaiah including vehicles which is mentioned as

    item No.39 of the plaint schedule and all gold jewels and
    147
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    other items of valuable items held by defendant No.2

    N.A.Janaki Bai, which is shown as item No.42, in order to

    show such immovable properties are available for

    partition, the plaintiffs have not produced any

    documents. No doubt, 9 photographs of jewels are

    marked at Ex.P6. But in the evidence PW 1 has deposed

    that some of these jewels are not gold jewellery and

    these jewellery were already shared by the defendant

    No.2 during her life time. Even though the defendant

    No.5, in her written statement and defendants No.4, 6 &

    7 in their written statement mentioned several gold

    items, but they have also not produced any documents to

    show the existence of such gold items and stock,

    debentures, vehicles. In order to show such movables

    are available for partition. The defendant No.5 as well as

    defendants No.4, 6 & 7 have not produced any

    documents. Hence, this court is of the opinion that when

    there is no any documents to show that there exist such

    items mentioned in the plaint schedule item No.37 to 42,

    no decree for partition can be passed. More than that this

    court already passed an order in P&Sc No.66/2022

    regarding certain shares and bank accounts.
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    50. It is proved by adducing evidence of DW 2 and

    producing the document at Ex.D70 that the partition was

    taken place between the father of the defendant No.1

    and his brothers family and in that partition dated

    27.03.1945, 41 items of the properties came to the share

    of father of the defendant No.1. The plaint schedule items

    No.23 to 29 were subject matter of the partition of the

    year 1945. In that partition dated 27.03.1945

    Sri.Munivenkatappa got his share about 41 items of

    properties which include counter claim item No.5 of

    defendants No.4, 6 & 7 and also plaint schedule item

    No.23 to 29. The total 36 acres of kuski land was given

    to the share of Munivenkatappa who is great grand father

    of plaintiff No.1 and he also got the land bearing

    Sy.No.67/4 measuring 28 guntas, Sy.No.67/6 measuring

    25 guntas situated at Baluvana Village in which there

    were 200 fruit yielding coconut trees. Munivenkatappa

    got total worth of Rs.1,31,981-11 anas of the property in

    the partition deed dated 27.03.1945. The plaintiff No.1,

    defendant No.5, defendants No.4 to 7 are the great grand

    children of Munivenkatappa who are the third
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    generations. The plaintiff No.1 himself in his plaint

    clearly stated that his great grand father Munivenkatappa

    was successful businessman, during his life time. The

    defendant No.1 succeeded the ancestral properties under

    the partition deed dated 31.03.1952. and developed the

    same and purchased the properties in his name, in the

    name of his wife defendant No.2 and in the name of

    defendant No.4. Even on perusal of the judgment relied

    by learned counsel for the plaintiffs in ANDAGI

    CHANDRANNA VS. SHANKAR AND OTHERS ((2025) 4

    S.C.R. 1417 case, the Hon’ble Supreme Court in para 14

    held that, in Hindu law, for a property to be considered as

    an ancestral property, it has to be inherited from any of

    the paternal ancestors upto three generations. When we

    consider the plaintiff No.1, defendants No.5 to 7 that their

    great grand father Munivenkatappa there are three

    generations. The Hon’ble Supreme Court in the said

    judgment in para 15 by referring earlier judgment of

    Hon’ble Supreme Court in ROHIT CHAUHAN VS.

    SURINDER SINGH AND OTHERS, it is held that ” “11. ….In

    our opinion coparcenary property means the property

    which consists of ancestral property and a coparcener
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    O.S.No. 1990/2018

    would mean a person who shares equally with others in

    inheritance in the estate of common ancestor.

    Coparcenary is a narrower body than the joint Hindu

    family and before the commencement of the Hindu

    Succession (Amendment) Act, 2005, only male members

    of the family used to acquire by birth an interest in the

    coparcenary property. A coparcener has no definite share

    in the coparcenary property but he has an undivided

    interest in it and one has to bear in mind that it enlarges

    by deaths and diminishes by births in the family. It is not

    static. We are further of the opinion that so long, on

    partition an ancestral property remains in the hand of a

    single person, it has to be treated as a separate property

    and such a person shall be entitled to dispose of the

    coparcenary property treating it to be his separate

    property but if a son is subsequently born, the alienation

    made before the birth cannot be questioned. But, the

    moment a son is born, the property becomes a

    coparcenary property and the son would acquire interest

    in that and become a coparcener”. If this principle laid

    down by the Hon’ble Supreme Court applies to the

    present case, admittedly, the plaintiff No.2 born on
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    15.11.1952 i.e. soon after partition deed dated

    31.03.1952. The defendant No.4 born on 09.02.1954.

    Prior to birth of plaintiff No.2 and defendant No.4 the

    defendant has not alienated any of the properties fallen

    to his share. The plaintiff No.1 himself in the plaint

    stated that the defendant No.1 who had inherited the

    property from his father developed the same and

    purchased the properties in his name, in the name of his

    wife, defendant No.2 and in the name of defendant No.4

    out of joint family nucleus. Such pleadings of the

    plaintiff No.2 made in para III (1) and (2) are admitted by

    the defendant No.1 to 3 in their written statement.

    Subsequently, the defendant No.3 transposed himself as

    plaintiff No.2. But the fact remains, prior to birth of

    plaintiff No.2 and defendant No.4, the defendant No.1 has

    not alienated any of the properties fallen to his share in

    the partition deed dated 31.03.1952 becomes

    coparcenary properties consisting of defendant No.1,

    plaintiff No.2 and defendant No.4. After the birth of

    plaintiff No.1, defendants No.5 to 7 they have also

    become coparceners as they are of the third generations

    from N.A.Munivenkatappa. In my humble view decision
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    cited by the learned counsel for the plaintiffs in UTTAM

    VS. SOUBHAGYA SINGH AND OTHERS which is regarding

    S.8 of Hindu Succession Act is not applicable to the

    present suit. In this suit, we can made applicable S.6 of

    Hindu Succession Act. The defendant No.5 who is

    daughter acquires right by birth in view of the judgment

    of Hon’ble Supreme Court in VINEET SHARMA’S case. The

    plaintiffs have not produced any documents to show that

    the defendant No.1 and plaintiff No.2 have any separate

    income of their own, without the aid of the joint family

    funds to purchase the counter claim item No.1 to 6 of

    counter claim of defendants No.4, 6 & 7. Likewise,

    defendant No.4 also not produced any cogent evidence

    to show that item No.6, 9 and 17 of the plaint schedule

    properties is separate properties. Hence, I answer

    Issue No.1 partly in the AFFIRMATIVE, Issue No.2 in

    the NEGATIVE, issue No.3 in the NEGATIVE, issue

    No.8 in the AFFIRMATIVE, issue No.15 in the

    AFFIRMATIVE and issue No.16 in the NEGATIVE.

    51. ISSUES No.4, 5, 6, 7 & 9: The defendants

    No.4, 6 & 7 have sought for the relief to declare that the
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    Gift Deed dated 12.06.2015 subsequent rectification

    deed dated 15.06.2016 and 07.04.2017 with respect to

    item No.4 of counter claim schedule executed by D1 in

    favour of Plaintiff no.1 Gift Deed dated 05.03.2004

    executed by the defendant No.1 in favour of plaintiff

    No.2, the Gift Deed executed by the defendant No.1 in

    favour of plaintiff No.2 with respect to item No.2 of

    written statement schedule, alleged Gift Deed executed

    by defendant No.1 in favour of plaintiff No.2 in relation to

    item no.3 of the written statement schedule, the alleged

    Gift Deed dated 05.04.2012 are not binding on these

    defendants. The defendants also prayed to declare that

    the alleged gift deed dated 12.06.2019 executed by

    defendant No.3 (now transposed as plaintiff No.2) in

    favour of plaintiff No.1 with respect to item No.1 of

    counter claim schedule is not binding on these

    defendants. In the present suit, some of the Gift Deeds

    are marked in the examination of DW1, since DW

    1/defendant No.5 seeking partition in all the properties,

    with respect to plaint schedule and written statement

    schedule certain Gift Deeds are marked through DW1.

    Ex.D3 is the certified copy of the Gift Deed dated
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    06.02.2024, Ex.D7 is the certified copy of Gift Deed

    dated 12.06.2019, Ex.D8 is the certified copy of Gift Deed

    dated 07.07.2004, Ex.D9 is the certified copy of Gift Deed

    dated 12.06.2015. During the course of cross

    examination of DW1 by the learned counsel for the

    defendants No.4, 6 & 7 certain documents confronted to

    her and marked on the side of defendants No.4, 6 & 7.

    Ex.D10 is the certified copy of the lease agreement dated

    21.01.2019, Ex.D11 is the certified copy of the lease

    agreement dated 17.02.2020, Ex.D12 is the certified

    copy of lease agreement dated 17.02.2020. Ex.D14 to 19

    are photographs. Ex.D20 is the certified copy of the sale

    deed dated 28.10.1970. Ex.D21 is the certified copy of

    the Gift Deed dated 05.03.2004. Ex.D22 is the certified

    copy of sale deed dated 15.04.1974. Ex.D23 is the

    certified copy of the sale deed dated 04.05.1966, Ex.D24

    is the certified copy of the deed of rectification dated

    15.06.2010, Ex.D25 is the certified copy of the

    rectification deed dated 07.04.2017 Some documents

    Gift Deeds are also marked through DW 2. Ex.D55 is the

    certified copy of Gift Deed dated 05.04.2012.
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    52. The learned counsel for the plaintiffs argued that

    item No.1 of the counter claim schedule property is the

    self acquired property of plaintiff No.2 who purchased the

    same under the registered sale deed dated 15.04.1974.

    As a owner and in possession of this property the plaintiff

    No.2 executed a registered Gift Deed dated 12.06.2019

    in favour of the plaintiff No.1. After the Gift Deed plaintiff

    No.1 is in possession of this property by exercising all the

    acts of ownership. He argued that since this is self

    acquired property of the plaintiff, the defendants cannot

    challenge the Gift Deed . He further argued that item

    No.2 of the counter claim schedule property is the self

    acquired property of the defendant No.1 who purchased

    the same under the registered sale deed dated

    28.10.1970. Hence during his life time, on 05.03.2004 he

    gifted this property in favour of the plaintiff No.2 by

    executing registered Gift Deed dated 05.03.2004. He

    argued that the defendant No.4 also affixed his signature

    as witness to this Gift Deed . He argued that u/S.58 & 59

    of Limitation Act, as the time is barred the defendants

    cannot challenge the Gift Deed dated 05.03.2004. He

    relied on the judgment of Hon’ble Supreme Court in Civil
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    O.S.No. 1990/2018

    Appeal No.5180/2025 arising out of SLP No.13459/2024

    (NIKHILA VIDYANG MEHTA VS. HITESH P. SANGHVI). He

    also argued that without cancelling the registered

    document, the relief cannot be granted. He submitted

    that the cancellation of instrument based on provision of

    S.31 of Specific Relief Act. He also argued that in order

    to file suit challenging the limitation period is 3 years.

    But the defendant No.4, 6 & 7 challenged this Gift Deed

    after more than 11 years 3 months. Hence, it is barred

    by period of limitation. He relied on the judgment of

    Hon’ble Supreme Court in SLP No.2998/2022 between

    (RAJEEV GUPTA VS. PRASHANTH GARG AND OTHERS).

    53. The learned counsel for the plaintiffs argued that

    Item No. 3 of the counter claim schedule property is also

    self acquired property of the defendant no. 1 which

    purchased by defendant no. 1 under registered sale deed

    dated 4.05.1966. During the lifetime of defendant no.1,

    he gifted this property in favour of plaintiff no. 2 under

    registered gift deed dated 7.07.2004. He argued that this

    gift deed 7.07.2004 cannot be challenged of assailed

    because for 2 grounds. Firstly, it is self acquired property
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    of defendant no. 1. Secondly, the claim of the defendants

    barred by period of limitation under Article 58 and 59 of

    Limitation Act. He further relied the same judgment of

    Hon’ble Supreme Court in Civil Appeal No. 5180/2025

    arising out of SLP(C) No. 13459/2024 between Nikhila

    Divyang Mehatha and anr. V/s Hitesh P Sangavi and

    others by referring Para No. 24 and 25. He further by

    referring the judgment of Hon’ble Supreme Court in civil

    Appeal No. 14807/ 2024 arising out of SLP © No.

    18977/2016 between Mukund Bhavan Trust and others

    V/s Srimant Chatrapathi Udayana Raje Prataph Singh

    Bonsle and others argued that without cancellation of

    registered documents, the relief cannot be granted. He

    further relied on the judgement of Hon’ble Supreme court

    in Civil Appeal No. 11061/2024 arising out of SLP (c) No.

    2998/2022 between Rajeev Guptha and others V/

    Prashant Grag and others to contend that whether a

    person had valid title and power to transfer a property

    can be examined only if the civil suit had been instituted

    by the plaintiff within the period of limitation. He argued

    that Item No. 4 of the counter-claim schedule property

    was purchased by defendant no. 1 under registered sale
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    deed dated 4.02.1968 from his self earnings. Hence

    during his lifetime, on 12.06.2015, he has gifted this

    property in favour of the plaintiff no. 1 for the service

    rendered by plaintiff no. 1 when he had suffered heart

    attack on 15.11.2022 and given all medical treatment

    and taken care of him. He argued that since the Item No.

    5 of counterclaim came to the share of first defendant

    under partition deed dated 31.03.1952, it also become

    his self acquired property. He argued that defendant no.

    4 himself affixed his signature as a witness to the gift

    deeds dated 5.03.2004 and 7.07.2004. hence he is

    estopped from challenging the gift deeds. Hence the

    defendant no. 4, 6 and 7 cannot challenge the gift deed

    executed by defendant no. 1 in favour of defendant no. 5

    with respect to this property.

    54. On the other hand, the learned counsel for the

    defendant no. 5 argued that the defendant no. 5 herself

    in her written statement stated that this property Item

    No.5 of counterclaim of defendant no. 4, 6 and 7 is

    ancestral joint family property, she is not admitting gift

    deed and stated that it is also liable for partition. He
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    argued that all the properties purchased by the defenant

    no. 1 after partition of the year 1952 which purchased in

    his name, in the name of plaintiff no. 2, defendant no. 2,

    defendant no.4 are all purchased out of joint family

    funds. He argued that at the time of partition dated

    31.03.1952, plaintiff no. 2 was in the womb. Plaintiff no. 2

    born on 15.11.1952, child in womb also get the share.

    Since all the properties purchased subsequent to the

    partition of the year 1952 out of joint family fund, the

    defendant no. 1 who is the coparcener, so also plaintiff

    no. 2 who is also coparcener have no right to execute the

    gift deeds.

    55. The learned counsel for the defendant no. 4, 6, 7

    argued that the counterclaim schedule Item No. 1 to 6

    are all joint family properties. Counter claim schedule

    Item NO. 1 and 6 were purchased in the name of plaintiff

    no. 2 and counter claim schedule Item no. 2 to 4

    purchased in the name of defendant no. 1 out of joint

    family fund. Counterclaim schedule Item No. 5 which was

    allotted to the share of defendant No. 1 under partition

    deed dated 31.03.1952. Hence all these properties are
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    ancestral and joint family in nature. He submitted that

    according to Hindu law, a kartha of Hindu Undivided

    family cannot make a gift of ancestral and joint family

    property and such gift is null and void. He argued that

    defendant No. 1 had no authority or competence to make

    any gift in favour of plaintiff no.1, Plaintiff no. 2 and

    defendant no.5. The plaintiff no. 2 also has no authority

    to execute gift in favour of plaintiff no. 1. All the gift

    deeds being null and void have no legal sanctity in the

    eye of law. Even the plea of acquiescence would not

    apply in such situation as documents are void ab initio.

    He further argued that the defendant no. 6 and 7 are not

    the parties of the alleged gift deeds. He submitted that

    the defendant No. 4 not signed the gift deed as

    consenting witness. He argued that the provision under

    section 58 and 59 of Limitation Act does not applies.

    Since there is a suit filed for partition, the provision U/Ss.

    58, 59 cannot be made applicable. The defendant no. 6

    and 7 who are not parties to the gift deeds, came to

    know about the same only at the time of filing the

    pleadings. The learned counsel for the defendant no.4, 6

    and 7 relied on the judgment of Hon’ble High Court of
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    Karnataka in RFA No. 1905 of 2005 decided on 9.12.2020

    between CN Leelavathi V/s M Narayanappa and others.

    56. I have appreciated the rival contentions and

    perused the records. Even though the certified copy of

    gift deeds marked through DW1 and DW2, both the

    parties i.e. plaintiffs and defendants have not made any

    efforts to examine any one of the attesting witnesses

    signed on the gift deeds. The gist deeds are the

    compulsorily attestable documents. The provision U/s 68

    of Indian Evidence Act ( Section 67 of BSA), it is very

    clear that if a document is required by law to be attested,

    it shall not be used as evidence until one attesting

    witness atleast have been called for the purpose of

    proving its execution, if there be an attesting witness

    alive and subject to the process of court and capable of

    giving evidence provided that it shall not be necessary to

    call an attesting witness in proof of execution of any

    document not being a will which has been registered in

    accordance with the provisions of the Indian registration

    Act unless its execution by the person by whom it

    purports to have been executed is specifically denied. No
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    doubt in this suit, the defendant no. 1 and plaintiff no. 2

    have not disputed regarding execution of the gift deed.

    But the defendant no. 4 to 7 have taken contention that

    defendant no. 1 had suffering from grave ill health and he

    was under medical treatment. Hence taking undue

    advantage of the same, plaintiffs have got created the

    gift deeds. PW1 has deposed that defendant no. 1 had

    suffered a heart attack on 15.11.2002. At that time,

    plaintiff no. 1 gave immediate medical treatment and

    taken him to hospital. Thereafter plaintiff no. 1 had given

    all medical treatment and took regular medical care.

    Hence by appreciating the medical care given by plaintiff

    no. 1, defendant no. 1 executed gift deed dated

    12.06.2015 with respect to counter claim schedule Item

    No. 4. The learned counsel for the defendant No. 5 during

    the course of cross-examination of PW1, put a suggestion

    to him that in Ex.D8, it is mentioned as ” the donor out of

    love and affection and on account of the dedicated

    service rendered by the donee and his family members

    has executed the gift deed”. He submitted that even in

    Ex.D21 gift deed with regarding to counter claim Item

    No.3 also, it is mentioned as ” the donor out of love and
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    affection and on account of the dedicated service

    rendered by the donee and his family members has

    executed the gift deed”. The learned counsel for

    defendant no. 5 submitted that it was not only plaintiff

    no. 1 and 2 rendered service to the defendant no. 1 and

    2, the family members also made service to defendant

    No. 1 and 2. On perusal of the plaint averments, the

    plaintiff in his plaint itself stated that during past one

    decade, the health of defendant no. 1 and 2 has

    deteriorated. That means, the defendant no. 1 was not

    having good health as on 12.06.2015. The plaintiffs have

    not produced any documents of medical treatment of

    defendant No.1 to show his health condition. The

    plaintiffs have not stated on which date the plaintiff no. 1

    completed MBBS graduation. . While giving finding on

    Issue No. 1 to 4, 8, 15 and 16, this court has given

    finding that the Item No. 1 to 8 counter claim schedule

    properties of defendant No. 4, 6 and 7 are joint family

    properties purchased out of joint family fund. Hence the

    plaintiffs and defendant No. 4 to 7 are having equal share

    in Item No. 1 to 8 of counter claim schedule properties. In

    the judgment of Hon’ble High Court of Karnataka cited by
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    the learned counsel for the defendant No. 4, 6 and 7 in

    CN Leelavathi‘s Case, RFA No. 1905 of 2005, decided on

    9.12.2020, the Hon’ble High Court of Karnataka in para

    no.9 , Page no. 25 of the judgment wherein it is held that

    the law is well settled that gift by a coparcener of his

    undivided coparcenary interest to another coparcener or

    to stranger without the consent of other coparcener is

    void. The Hon’ble. High Court while giving finding

    regarding the limitation point is concerned, held that

    even though in that case, gift is executed in the year

    1981 and the plaintiffs have filed the suit in the year

    1993, it is held that Article 109 of Limitation act cannot

    apply as the plaintiffs have pleaded that they came to

    know about the alleged gift deed only in the year 1993. a

    suit for declaration is to be filed within 3 years from the

    date of accrual of cause of action, since the suit is filed

    within 3 years from the date of accrual of cause of action,

    hence the contention that the suit is barred by time is

    baseless. In my humble view, the principles of this cited

    decision of SN Leelavathi case is aptly applicable to the

    present suit. In the present suit, defendant no. 5/DW1

    also sought for the counterclaim, claiming the share in
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    the properties mentioned as Item No. 1 to 6 of counter-

    claim of defendant no. 4, 6 and 7. Admittedly, except the

    gift deed executed by defendant no. 1 in her favour with

    respect to item no. 5, she is not signatory to remaining

    gift deeds executed by defendant No. 1 and plaintiff no.2.

    The defendant No. 6 and 7 who are also filed the

    counterclaim claiming the share in these properties also

    not signatory to any of the gift deeds under challenge.

    During the course of cross-examination of DW2 by the

    learned counsel for the plaintiff, no point is elicited from

    his mouth to suggest that he was aware of the Ex.D8 and

    Ex.D21 gift deeds of the year 2004 itself. No doubt in his

    cross-examination, he has admitted the dates of the gift

    deed mentioned in Ex.D8 and Ex.D21. When question

    asked to him regarding putting of signature by his father

    to these gift deeds, then he answered that when he

    asked defendant no.1 and 2 regarding the signature of

    defendant no. 4, then defendant no. 1 and 2 told him that

    it was done purely to obtain a loan to build a house. DW2

    has deposed that the defendant no. 1 and 2 told him that

    properties can only be partitioned and not to be gifted.

    Since there is no evidence on the side of the plaintiffs to
    166
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    show that DW1 and DW2 knowing very well regarding

    execution of Ex.D8 and 21 kept silent even after 3 years

    without challenging the same, under such circumstances,

    it cannot be held that the the gift deeds as per Ex.D8 and

    21 challenging the same is barred by period of limitation.

    Even though there is a signature of defendant No. 4 in

    these 2 gift deeds, since defendant No. 5 to 7 are not

    signatories to these gift deeds, it cannot be held, the

    counter-claim prayer of defendant no. 4, 6, 7 praying to

    declare gift deeds are not binding on them is barred by

    limitation. In my humble view, the decisions cited by the

    learned counsel for the plaintiffs of Hon’ble Apex court in

    Civil Appeal No. 5180/2025, Civil Appeal No. 14807/2024,

    civil Appeal No. 11061/ 2024 can be distinguished on

    facts. In view of my finding on Issue no. 1 to 3, 8, 15 and

    16, as this court of the view that the counterclaim Item

    No. 1 to 6 of schedule of Defendant No. 4, 6 and 7 are the

    ancestral and joint family properties, the defendant no. 1

    and plaintiff No. 2 being the coparceners of their

    undivided coparcenary interest has no power or authority

    to gift the properties. Hence I answered Issue No. 4, 5, 6,

    7 and 9 in the affirmative.

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    57. ADDL. ISSUE No.1:- The plaintiffs in Item No. 6 of

    the schedule excluded one complex namely Balaji

    Complex by mentioning the measurement as 4,800 Sq Ft

    as same is purchased by private person from joint family.

    Neither the plaintiff no. 2 who was then defendant no. 3,

    nor defendant No. 4 to 7 have disputed regarding

    exclusion of this Balaji complex. During the pendency of

    this suit, the defendant No. 8 to 10 moved IA seeking to

    implead them as a defendants in this suit. This court was

    pleased to reject their IA. But defendant No. 8 to 10 have

    approached the Hon’ble High Court of Karnataka by

    preferring WP No. 30232 / 2025. The Hon’ble High Court

    of Karnataka allowed WP No. 30232/2025 as per order

    dated 9.12.2025. Hence the defendant no. 8 to 10 are

    impleaded in this suit. Only contention of the defendant

    no. 8 to 10 is that their purchased property measuring

    7,200 Sq Ft should be excluded instead of 4,800 Sq Ft

    mentioned in Plaint Item No. 6. Defendant No. 8 who has

    examined as DW3 in his affidavit filed for examination in

    chief has reiterated the written statement contentions.

    Documents Ex.D85 to 97 are marked through him. He
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    has deposed that he and defendant No. 9 and 10 have

    purchased sites measuring 60 x 40 Ft each under 3

    registered sale deeds dated 18.02.1995. Thereafter they

    have joined all 3 sites together which totally measures

    7,200 Sq Ft and have put up construction in 26,000 Sq Ft

    with ground plus 3 floors. Ex.D85, Ex.D86. Ex.D87 are the

    certified copies of sale deed to show that defendant No. 8

    to 10 have purchased 3 sides from defendant No. 4 under

    sale deeds dated 18.02.1995. Ex.D 85(A) Ex. D. 86(A) ,

    Ex.D87 (a) are readable copies of certified sale deed.

    Ex.D88, Ex.D90 are the khatha certificate. Ex.D89 is the

    khatha extract. Ex.D92 is property tax receipt from the

    year 2021-22 to 2025-26. Ex.D93 to Ex.D95 are 3

    building license. Ex.D96 is 3 photographs of building.

    Ex.D97 is document for having obtained loan issued by

    KSFC. During the course of cross-examination of DW3 by

    the learned counsel for the plaintiffs and defendant No. 4,

    6 and 7, nothing worth is elicited from his mouth to

    discard his examination in chief version regarding

    purchase of total extent of 7,200 Sq Ft and constructed

    the Balaji Complex therein. Since the plaintiffs as well as

    defendant No. 4 to 7 have not disputed regarding the
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    Item No. 6 which measuring 1 acre 20 guntas excluding

    the Balaji Complex. As it is proved by the impleaded

    defendant no. 8 to 10 that the Balaji complex is situated

    in an area of 7,200 Sq Ft and not only in 4,800 Sq Ft as

    mentioned in Item No.6, this court has to exclude 7,200

    Sq Ft instead of 4,800 sq ft mentioned in item no. 6 of the

    plaint. The defendant No. 8 to 10 have purchased this

    property measuring 7,200 sq ft in the year 1995 under

    registered sale deed dated 18.02.1995. the plaintiffs and

    defendant No. 4 to 7 have not challenged these 3 sale

    deeds dated 18.02.1995. Hence this court of the opinion

    that the defendant no. 8 to 10 proved that they are the

    bonafide purchasers of 7,200 Sq Ft instead of 4,800 Sq Ft

    mentioned in Item No 6 of plaint schedule. Hence I

    answered Addl. Issue No. 1 in the AFFIRMATIVE.

    58. ISSUE No.10 & 11: The defendants No.4, 6 & 7

    have taken contention that encumbrance by raising loan

    from the bank in respect of item No.4 of written

    statement / counter claim property is not binding on

    them. DW2 has deposed that item No.4 of the written

    statement schedule property was vacant site, which was
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    purchased by the defendant No.1 in Municipal auction

    under the registered sale deed, out of the income derived

    by him from several ancestral properties and same is

    joint family property. But the defendant No.1

    clandestinely gifted the same in favour of the plaintiff

    No.1 which is not at all binding on these defendants

    No.4 , 6 & 7. he has deposed that the plaintiff No.1 has

    been dealing with the property and he has leased out

    several portions of this property in favour of the tenants

    and collecting heavy rents and also collected huge

    security deposits from the tenants and utilizing the same

    for his benefit. No doubt, in this case, the lease

    agreements are marked during the course of cross

    examination of DW1, DW2 also produced documents. It

    is an admitted fact that the plaintiff No.1 by mortgaging

    this property obtained loan and constructed the building.

    Since these defendants have also claimed the mesne

    profits in this suit, mere raising loan from the bank in

    respect of the item No.4 cannot be held that this

    encumbrance made by plaintiff No.1 for the development

    of the property is not binding on the defendants No.4, 6 &

    7. Since it is held that this property item No.4 is the joint
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    family property, any development made by one of the co-

    sharers is binding on the remaining co-sharers. Hence, I

    answered issue No.10 in the NEGATIVE.

    59. With regard to issue No.11, defendants No.4, 6 & 7

    have taken contention that registered will executed by

    defendant No.3 in respect of item No.2 of the written

    statement is not binding on them. It is now settled

    principle of law is that any Will executed by any of the

    parties will come into force only after the death of that

    person. Since as on the date of this judgment, the

    defendant No.3 is alive, any such will executed by the

    defendant No.3 will not affect the right / share of the

    defendants No.4, 6 & 7 in item No.2 of the written

    statement schedule property. Hence, without much

    discussion I answered issue No.11 in the NEGATIVE.

    60. ISSUE No.17: Originally, the plaintiff No.1 has

    field this suit against the defendants for the relief of

    partition and separate possession. The plaintiff by valuing

    this suit u/S.35(2) of Karnataka Court Fees and Suits

    Valuation Act paid the court fees at Rs.200/-, since the
    172
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    plaintiff in his plaint has taken contention that the suit

    schedule properties are the joint family properties and he

    is in joint possession of the suit schedule properties. The

    court fees paid by the plaintiff appears to be correct. The

    defendants No.1 to 3 sought for the relief of partition and

    they have also paid the court fees of Rs.200/- each by

    valuing the suit u/S.35(2) of Karnataka Court Fees and

    Suits Valuation Act, which also appears to be correct. The

    defendants No.4, 6 & 7 counter claim for declaration and

    partition and permanent injunction. These defendants

    have valued the suit for prayer of declaration u/S.24(d) of

    Karnataka Court Fees and Suits Valuation Act and by

    valuing the counter claim at Rs.1,000/- each paid court

    fees of Rs.400/-. By valuing the suit for partitoin u/S.35(2)

    of Karnataka Court Fees and Suits Valuation Act paid

    court fees of Rs.200/- each, in all Rs.400/-. For the relief

    of permanent injunction they have valued the suit at

    Rs.1,000/- each and court fees of Rs.100/- is paid

    u/S.26(c) of Karnataka Court Fees and Suits Valuation Act

    . Thus, the defendants No.4 and 7 have paid total court

    fees of Rs.900/-. The defendant No.5 also paid the court

    fees.

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    61. It is undisputed fact that item No.6 of the counter

    claim schedule is already acquired and the BBMP

    deposited amount of Rs.6,45,39,439/-. So far as relief of

    partition with respect to immovable property and relief of

    declaration and consequential relief of permanent

    injunction is concerned, it appears that the court fees

    paid is sufficient. Since the defendants No.4 to 7 also

    claimed share in the compensation amount of

    Rs.6,45,39,439/- deposited by BBMP, they have to pay

    paid court fees of 1/6th share each on that amount.

    Hence, this court is of the opinion that the defendants

    No.4 to 7 shall pay court fees of 1/6th share in the

    amount of Rs.6,45,39,439/- deposited by the BBMP.

    Hence, I answered issue No.17 partly in the

    AFFIRMATIVE.

    62. ISSUE No.12, 13, 14, 18, 19 & 20: It is pertinent

    to note here that while giving finding on issue no. 15, this

    court has not given finding regarding Item No. 1, 5, 6, 10

    and 14 of counter claim of the defendant no. 5. Hence

    with regarding to these properties, this court discussed

    under this issue no. 19. Admittedly, this court has already
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    passed preliminary decree on admission by allowing IA

    No. 17 filed under Order XII Rule 6 of CPC as per decree

    dated 12.08.2022 with respect to plaint schedule item no.

    1 to 5, 7, 8, 10 to 16, 18, 30, 31 and 34 for which the final

    decree proceeding in FDP No. 92/2023 is pending for

    adjudication. The plaint schedule Item no. 18 is the 50%

    of the shares together standing in the name of defendant

    no. 1, 3, 4 (in equal percentages), in the running business

    of M/S AV Exhibitors which is in possession and

    management of 2 theaters in Bangalore namely Sampige

    Theater and Savitha Theater as per the partition deed

    dated 1.04.1992. Hence 50% of shares with respect to

    business of Ms AV Exhibitors already decreed. The

    defendant no. 5 by way of counterclaim Item No. 1

    mentioned as 50% share in the land and building situated

    at Sampige Road Malleshwaram(Sampige and Savitha

    Theater). The documents Ex.D6, certified copy of sale

    deed dated 23.10.1970 marked through DW1. During the

    course of cross-examination of DW1, she has admitted

    the suggestion that NM Venkathesh is 50% co owner of

    this property mentioned in Ex.D6. She has also admitted

    the suggestion that NM Venktesh and his children are not
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    the parties in this suit. It is the contention of the

    defendant no.5/DW1 is that this property Item No. 1

    purchased by defendant no. 1 along with his brother NA

    Venktesh under registered sale deed dated 23.10.1970,

    at that time, the plaintiff no. 2 and defendant No. 4 were

    minors. It is the contention of the defendant no. 5 is that

    out of sale consideration amount of Rs 5,00,040/-, the

    50% of said amount i.e., 2,50,020 paid by defendant no.

    1 Sri Annaiah. It is not in dispute that the partnership firm

    formed and through the partnership firm, the business by

    name M/s AV Exhibitors running 2 theaters Sampige and

    Savitha. These 2 theaters are situated in this Item No. 1

    of the written statement Schedule property. Since this

    court already passed the decree on admission regarding

    the plaint schedule Item NO. 18, this court cannot again

    give finding regarding Item No. 14 of WS of defendant no.

    5. Since these theaters Sampinge and Savitha are

    situated in very same land bearing Item No. 1 of Written

    Statement schedule of defendant no.5, this court of the

    opinion that again we need not pass a decree with

    respect to the same property. More than that, this

    property in Item No. 1 of written Statement Schedule
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    jointly purchased by defendant no. 1 and his brother NM

    Venktesh. Hence without there being NM Venkatesh and

    his children are made as parties, it is not possible to

    decide to who is entitled to how much share in the landed

    and building where Sampige and Savitha Theaters are

    situated. Hence this court of the opinion that at this

    stage, the item no. 1 is not partiable. With regarding to

    Item No. 5 of the written statement schedule of

    defendant No. 5 is concerned, DW1 in her examination in

    chief has stated that this property is divided portion of

    Item No. 4 mentioned by her in the schedule which was

    gifted by plaintiff no. 2 to plaintiff no. 1. According to the

    defendant no. 5, the Item No. 3 of the counterclaim of

    defendant no. 4, 6 and 7 is equivalent to Item No. 4 of

    her counterclaim schedule. This court has already given

    finding regarding Item No. 3 of the counterclaim schedule

    of defendant no. 4, 6 and 7 and also given finding

    regarding gift deed executed by defendant no. 1 in

    favour of plaintiff no. 2 and gift deed executed by plaintiff

    no. 2 in favour of plaintiff no. 1. Hence it is not necessary

    to give finding again. With regarding to Item No. 6 of

    written statement schedule of defendant no. 5 is
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    concerned, even though she has mentioned Item No. 1 in

    her written statement, but in her examination in chief,

    DW1 has not stated anything about this item property.

    The learned counsel for the plaintiffs while addressing the

    arguments submitted that all other items of schedule

    properties decree of admission already passed. The

    defendant no. 5 has not produced any documents with

    regarding to item No. 6 of her written statement schedule

    properties. Hence this court of the opinion that Item No. 6

    of WS of defendant no. 6 is not available for partition.

    With regarding to Item No. 10 of the written statement

    schedule of defendant No.5, even though DW1 has

    deposed that BMRCL awarded compensation with respect

    to land bearing BBMP Khatha No 457/17/5 in Sy No. 17/5

    of Roopena Agrahara Begur Hobli, Banglore south

    towards compensation about 5000 sq ft of land and the

    plaintiff no. 2 and 4 have received the compensation

    amount, the defendant no. 5 has not produced any

    documents of the same to show the actual amount of

    compensation awarded. Without there being any

    particulars regarding the compensation, this court cannot

    pass any decree on compensation given by BMRCL.
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    According to defendant no. 5, Item No. 11 to 13

    mentioned in her WS and Item No. 7 and 8 mentioned by

    defendant No. 4, 6, 7 in their WS are one and the same.

    Neither the defendant no. 5, nor defendant no. 4, 6 and 7

    have produced any documents with regarding to bank

    balance of defendant no. 1 and also not produced

    regarding shares, stocks, debentures, bonds standing in

    the name of defendant no. 1. The defendants also not

    produced any documents regarding existence of gold,

    silver, diamond jewelries and articles mentioned in their

    written statement. The plaintiffs also not produced any

    documents with regarding to the movable properties

    mentioned in the plaint schedule. The defendants have

    also not produced any vehicle documents to show

    existence of any vehicles inorder to make partition. In the

    absence of any documentary evidence, the court cannot

    pass decree regarding the movable properties on

    presumption and assumptions.

    63. The learned counsel for the plaintiffs while

    addressing the argument, argued that plaint schedule

    Item No. 19 to 29 already partitioned under the
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    documents Ex.D4, Ex.D5 partition deed. This court

    already given finding regarding these properties Item No.

    19 to 29 mentioned in plaint schedule while giving finding

    on Issue no. 1 to 3, 8 to 15, 16. Added to that finding, on

    plain reading of the documents Ex.D4 and Ex.D5 certified

    copies of partition deed itself shows that all the

    properties mentioned in these documents Ex.D4 and

    Ex.D5 are ancestral and joint family properties. These

    properties are the subject matter of the partition of the

    year 1945 and also the subject matter of the partition

    deed dated 31.03.1952. The learned counsel for the

    plaintiffs while addressing the arguments submitted that

    the judgment passed on admission dated 12.08.2022 not

    challenged by the parties of this suit. Hence this court

    again cannot give finding with regarding to the plaint

    schedule Item No. 1 to 5, 7, 8, 10 to 16, 18, 30, 31 and

    34. It is true that this court already passed decree on

    admission my allowing IA No. 17. Hence this court need

    not give finding regarding already decreed properties.

    While passing decree on admission, this court observed

    that since the plaintiff no. 1 and defendant No. 5 are the

    children of defendant no. 3, (now transposed as Plaintiff
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    No.2), they will get share only through defendant NO.

    3(now transposed as Plaintiff No.2). Observing so, the

    objection filed by defendant No. 5 not considered. But it

    is to be noted that while passing judgment on admission

    dated 12.08.2022, this court has not given any such

    finding that the plaintiff no. 1, defendant No. 5,

    Defendant no. 6 and 7 are not at all entitled any share in

    decreed properties. This court observed that the plaintiff

    no. 1 and defendant No. 5 being children of defendant

    no. 3 will get share through defendant no.3. Since the

    judgment on the admission passed by this court attained

    finality, this court need not give finding regarding plaint

    schedule Item No. 1 to 5, 7, 8, 10 to 16, 18, 30, 31 and

    34. In view of my finding on issue no. 1 to 3, 8, 15, 16,

    the plaintiffs and defendant no. 4 to 7 are entitled for

    partition and separate possession of 1/6th share each in

    plaint schedule Item No. 6, 9, 17, 19 to 29, 32, 33, 35, 36

    and counter-claim schedule Item No. 1 to 6 of

    counterclaim schedule properties of defendant No. 4, 6, 7

    which are equivalent to Item No. 2, 3, 4, 7, 8, 9 of

    counterclaim of defendant No. 5 as these properties are

    ancestral and joint family properties of plaintiffs and
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    defendant No. 4 to 7 and they are all coparceners. Hence

    this court of the opinion that so far as partition in these

    properties are concerned, plaintiffs and defendant No. 4

    to 7 have equal shares.

    64. In the present suit, DW1 and 2 have produced

    certain sale deeds and Gift Deeds. Ex.D3 is the Gift Deed

    dated 06.02.2024.Ex.D7 is the Gift Deed dated

    12.06.2019, Ex.D8 is the Gift Deed dated 07.07.2004.

    Ex.D9 is the Gift Deed dated 12.06.2015. Ex.D20 is the

    certified copy of sale deed dated 28.10.2015, Ex.D20 is

    the certified copy of the Sale Deed dated 28.10.1970.

    Ex.D21 is the certified copy of Gift Deed dated

    05.03.2004. Ex.D22 is the copy of Sale Deed dated

    15.04.1974. Ex.D23 is the copy of Sale Deed dated

    04.05.1966. Ex.D26 is the copy of Sale Deed dated

    27.07.1972. Ex.D34 is the copy of Sale Deed dated

    09.09.2002. Ex.D55 is the certified copy of GD dated

    05.04.2012. Ex.D56 is the certified copy of Sale Deed

    dated 23.10.1970. In view of my finding on issues No.1

    to 3, 8, 15 & 16 this court held that these properties

    purchased in the name of defendant No.1, plaintiff No.2,
    182
    O.S.No. 1990/2018

    defendant No.4 are joint family properties purchased out

    of joint family funds. While answering issue No.4 to 7

    and 9 this court held that since the defendants No.1 and

    plaintiff No.2 are the coparceners they are not having any

    right to execute Gift Deed with respect to written

    statement schedule item No.1 to 6 of written statement

    of defendants No.4, 6 & 7. This court also held that the

    plaint schedule item No.6, 9, 17 are also joint family

    properties of plaintiffs and defendants No.4 to 7. The

    documents Ex.D28 certified copy of the judgment in

    O.S.No.6617/2010 is produced and got marked through

    DW 2. On perusal of this judgment passed in

    O.S.No.6617/2010, which is filed by defendatn No.4 Ravi

    Gopal against the Commissioner of Bangalore

    Development Authority , it would go to show that even

    though it is held that the plaintiff proved that he is

    absolute owner of the suit schedule property therein i.e.

    property CMC No.290/1 and 5, 6, 7, 8, 9 and 10, Katha

    No.359, old Sy.No.49/5 measuring 1:18 residential 3 sites

    situated at Bommanahalli as a owner, but the court

    dismissed the suit on the ground that the property

    already acquired by the Bangalore Development
    183
    O.S.No. 1990/2018

    Authority, it is held that after acquisition of the suit

    schedule property it vested with the defendant

    (Bangalore Development Authority) and suit for

    declaration of title and consequential relief of permanent

    injunction is not maintainable. In the present suit also it

    is is made it clear that acquired portion of the land is not

    entitled for partition. The remaining properties i.e. item

    No.6, 9,17, 19 to 29, 30 to 33, 35 & 36 and written

    statement schedule item No.1 to 6 of written statement

    of the defendants No.4, 6 & 7 which are all also claimed

    in written statement of the defendant No.5 are all joint

    family properties of the plaintiffs and defendants No.4 to

    7 and they are having equal shares i.e. 1/6th share each

    in these properties. As this court already held that in

    view of the documents Ex.D70 registered partition deed

    dated 27.03.1945 certain properties i.e. schedule item

    No.23 to 29 were the subject matter of that partition also.

    These properties were fallen to the share of the great

    grand father of the plaintiff No.1, defendants No.5 to 7.

    The defendant No.1 got the same properties under the

    registered partition deed dated 31.03.1952 as per Ex.D1.

    DW 1 in her evidence clearly stated that the defendant
    184
    O.S.No. 1990/2018

    No.1 continued business of his father and except that he

    is having income from continued business, and income

    from ancestral properties he had no other income. DW 1

    has clearly deposed that her father plaintiff No.2 and also

    uncle defendant No.4 have no other avocation except

    income derived from the joint family property and they

    have no exclusive source of income. In the present suit

    neither the plaintiff No.2 nor defendant No.4 have

    produced any documents to show that they had any

    independent income of their own. Even though PW 1 has

    taken contention that he is an income tax assessee from

    the year 1970, for obvious reasons best known to him he

    has not produced any documents of income tax returns.

    Even the plaintiffs and the defendants have also not

    produced any documents to show how much amount was

    earned out of partnership firm. There is absolutely no

    evidence on the side of the plaintiffs and defendant No.4

    is that they had any independent income of their own, so

    as to purchase the properties in their name. Hence, this

    court has given finding that these properties plaint

    schedule item No.6, 9 17, 19 to 29 32, 33, 35 & 36 and

    counter claim schedule item No.1 to 6 of the written
    185
    O.S.No. 1990/2018

    statement of defendants No.4, 6 & 7 which is already

    claimed by the defendant No.5 in her written statement

    are all joint family properties and the plaintiffs and

    defendants No.4 to 7 are entitled equal share in the

    properties.

    65. In view of my finding on Issue no. 4 to 6, 7 and 9, as

    it is proved that the gift deeds are not binding on

    defendant No. 4, 6 and 7, this court of the opinion that

    these defendants are entitled for declaratory reliefs as

    prayed for. The defendant no. 4, 6 and 7 have also

    sought for the relief of permanent injunction to restrain

    the plaintiffs and defendant No. 5 from alienating the

    written statement schedule properties. These defendants

    have also sought for the relief of permanent injunction to

    restrain the plaintiffs from proceeding further with

    construction in Item No. 4 of WS. So far as construction is

    concerned, as this court opined that the plaintiffs and

    defendants are in joint possession and are the

    coparceners, and properties are joint family properties,

    any construction will not effect the rights of the parties.

    More than that, the plaintiffs and defendants have not
    186
    O.S.No. 1990/2018

    sought the relief to reimburse the amount of

    development made in these properties. Hence this court

    of the opinion that the defendant No. 4, 6 and 7 are not

    entitled for such relief to restrain construction. So far as

    relief of permanent injunction for non alienation is

    concerned, this court already granted temporary

    injunction. If prior to drawing final decree, the plaintiffs

    and defendant No.5 alienates the property by way of

    sale, mortgage, then it will lead to multiplicity of

    proceedings. Hence this court of the view that the

    defendant No. 4, 6 and 7 are entitled for the relief of

    permanent injunction to restrain the plaintiffs and

    Defendant.No.5 from alienating the properties by way of

    sale or mortgage. The defendant No. 4, 6 and 7 are not

    entitled for remaining prayer of permanent injunction.

    The plaintiffs as well as defendant No. 4 to 7 are entitled

    for enquiry regarding the mesne profit of their respective

    share in the properties. Hence I answered Issue no 12 in

    the affirmative, Issue no. 13 partly in the affirmative,

    Issue no. 14 partly in the affirmative, Issue no. 18 partly

    in the affirmative, Issue no. 19 partly in the affirmative,

    Issue no. 20 partly in the affirmative.
    187

    O.S.No. 1990/2018

    66. Issue No. 21:- In view of my finding on Issue No. 1 to

    20 and Addl Issue No. 1, I proceed to pass the following:-

    ORDER

    The suit of the plaintiffs and counter claim of the

    defendant No.5, and counter claim of defendant no. 4, 6

    and 7 are decreed as follows.

    The plaintiffs and defendant no. 4 to 7 are entitled

    for partition and separate possession of 1/6th share each

    in plaint schedule Item no. 6, 9, 17, 19 to 29, 32, 33, 35,

    36. The plaintiffs and defendant no. 4 to 7 are entitled for

    1/6th share each in Item No. 1 to 6 of counter claim

    schedule properties of defendant No. 4, 6, 7 (which is

    equivalent to Item No. 2, 3, 4, 7, 8, 9 of counter claim of

    defendant No.5). The prayer of the defendant No. 5

    regarding the remaining item of the schedule are

    rejected.

    The prayer of defendant No. 4, 6, 7 with respect to

    item no. 7 and 8 of their written statement schedule is

    rejected.

    The prayer of the plaintiffs regarding remaining

    plaint schedule item no. 37 to 42 is rejected.

    With regarding to Item No. 6 of the plaint schedule,
    188
    O.S.No. 1990/2018

    an area of 7,200 Sq Ft wherein a complex of defendant

    No. 8 to 10 is in existence namely Balaji complex is

    excluded by holding that they are the bonafide

    purchasers of 7,200 Sq.Ft.

    With regarding to compensation of counter claim

    item no.6, since the order is already passed permitting

    the plaintiffs to withdraw 1/6th share each amount, the

    defendant No. 4 to 7 are entitled for the remaining

    compensation amount of 1/6th share each.

    It is hereby declared that the gift deed dated

    12.06.2015, rectification deed dated 15.06.2016, and

    7.04.2017 executed by defendant no. 1 in favour of

    plaintiff no. 1 in relation to Item No. 4 of counter-claim

    schedule are not binding on defendant no. 4, 6 and 7. It is

    hereby declared that gift deed dated 5.03.2004 executed

    by defendant no. 1 in favour of plaintiff no. 2 with respect

    to item no. 2 of the written statement schedule is not

    binding on defendant no. 4, 6 and 7. It is declared that

    gift deed dated 7.07.2004 executed by defendant no. 1 in

    favour of plaintiff no. 2 with respect to item no. 3 of

    written statement schedule property is not binding on

    defendant no. 4, 6 and 7. It is hereby declared that the
    189
    O.S.No. 1990/2018

    gift deed dated 5.04.2012 executed by defendant No. 1

    in favour of defendant No. 5 with respect to item no. 5 of

    written statement schedule property is not binding on

    defendant no. 4,6 and 7. It is declared that the gift deed

    dated 12.06.2019 executed by plaintiff no. 2 in favour of

    plaintiff no. 1 with respect to written statement schedule

    item no. 1 not binding on the defendant no. 4, 6 and 7.

    The plaintiffs and defendant No. 4 to 7 are entitled

    for enquiry regarding mesne profit in final decree

    proceeding with their respective 1/6th shares in the

    properties.

    The permanent injunction is granted restraining the

    plaintiffs and defendant No.5 from alienating,

    encumbering, mortgaging the counter claim schedule

    Item No. 1 to 6 of counter claim of defendant no. 4, 6 and

    7 till drawing final decree.

    The defendant No. 4 to 7 shall pay court fee with

    respect to their 1/6th share of compensation of

    counterclaim Item No. 6 of counterclaim of Defendant No.

    4, 6 and 7.

    Parties shall bear their own cost.

    190

    O.S.No. 1990/2018

    Draw preliminary decree accordingly.

    (Prepared by P.O. in the home office and some part of the
    judgment dictated to SG-I, transcribed by him, corrected
    and then pronounced by me in the open court on the 6th
    day of APRIL 2026).

    (MOHAN PRABHU),
    LV Addl. City Civil & Sessions Judge,
    Bengaluru.

    191

    O.S.No. 1990/2018

    ANNEXURE

    LIST OF WITNESSES EXAMINED ON BEHALF OF
    PLAINTIFF/S:

    PW1      Sri.N.A.Venugopal
    
    LIST OF WITNESSES        EXAMINED      ON    BEHALF        OF
    DEFENDANT/S:
    
    DW1      Smt.Amulya
    DW2      Sri.Adarsha Ravigopal
    DW3      Sri.a.R.Shivaram Reddy
    
    

    LIST OF DOCUMENTS EXHIBITED ON BEHALF OF
    PLAINTIFF/S:

    Ex.P-1    Death Certificate
    Ex.P-2    Portion of writtens tatmeent filed by D1, 2 and
              3
    Ex.P-3    Certified copy of orders in O.S.No.1927/2021
    Ex.P-4    Certified copy of plaint in O.S.No.1927/2021
    Ex.P-5    Certified copy of order on IA No.1 and 2 in
              O.S.No.5958/2022
    Ex.P6     None photographs
    Ex.P7     Reply notice
    Ex.P8     Order sheet in C.C.NO.2652/2023
    Ex.P9     First Information Report
    Ex.P10    Head of charge sheet in Cr.No.80/2021
    Ex.P11    Written statement in O.S.No.4858/2022
    Ex.P12    Plaint in O.S.No.4858/2022
    Ex.P13    Certified copy of IA No.I
    Ex.P14    Certified copy of memo
    Ex.P15    Partnership deed dated 01.02.1973
                                 192
                                                     O.S.No. 1990/2018
    
    

    LIST OF DOCUMENTS EXHIBITED ON BEHALF OF
    DEFENDANT/S

    Ex.D-1 Registered Partiton deed dated 31.03.1952
    Ex.D2 Certified copy of judgment on admission
    Ex.D3 Certified copy of Gift Deed dated 06.02.2024
    Ex.D4 Certified copy of Partiton deed dated
    15.10.2015
    Ex.D5 Certified copy of partition deed dated
    15.10.2015
    Ex.D6 Certified copy of sale deed dated 23.10.1970
    Ex.D7 Certified copy of Gift Deed dated 12.06.2019
    Ex.D8 Certified copy of Gift Deed dated 07.07.2004
    Ex.D9 Certified copy of Gift Deed dated 12.06.2015
    Ex.D10 Certified copy of lease agreement dated
    21.01.2019
    Ex.D11 Certified copy of lease agreement dated
    17.02.2020.

    Ex.D12 Certified copy of lease agreement
    Ex.D13 Certified copy of Memorandum of deposit of
    title deeds executed by the plaintiff No.1 in
    favour of SBI.

    Ex.D14 to 6 photographs
    19
    Ex.D20 Certified copy of sale Deed of the year dated
    28.10.1970
    Ex.D21 Certified copy of Gift Deed dated 05.03.2004
    Ex.D22 Xerox copy of sale deed dated 15.04.1974
    Ex.D23 Certified copy of sale deed dated 04.05.1966.
    Ex.D24 Certified copy of rectification deed dated
    15.06.2016
    Ex.D25 Another certified copy of rectification deed
    dated 07.04.2017
    193
    O.S.No. 1990/2018

    Ex.D26- Certified copy of Sale deed dt: 27.07.1972.
    Ex.D27- Certified copy of Mutation Register Extract.
    Ex.D28- Certified copy of Judgment in O.S
    No.6617/2010.

    Ex.D29- Certified copy of Decree in O.S
    No.6617/2010.

    Ex.D30- Copy of Judgment in R.F.A No.1353/2018.
    Ex.D31- Downloaded copy of Withdrawal memo in
    R.F.A No.1353/2018.

    Ex.D32- Certified copy of order sheet in O.S
    No.105/2023.

    Ex.D33- Certified copy of plaint in O.S No.105/2023.
    Ex.D34- Certified copy of Sale deed dt: 09.09.2002.
    Ex.D35- Notarized attested copy of Death certificate
    of Dasamma.

    Ex.D36- Certified copy of E.C in form No.15.
    Ex.D37- Certified copy of E.C in form No.16.
    Ex.D38- Six Tax paid receipts.

    Ex.D39- E-Katha standing in the name of 4th
    defendant.

    Ex.D40- Sale deed dt: 30.08.1993.

    Ex.D41- R.T.C of Sy No.37 of the year 2025-26.
    Ex.D42- R.T.C of Sy No.40 of the year 2025-26.
    Ex.D43- R.T.C of Sy No.41 of the year 2025-26.
    Ex.D44- Copy of Mutation.

    Ex.D45- Seven R.T.Cs.

                                     194
                                                          O.S.No. 1990/2018
    
    Ex.D46-     Mutation extract.
    Ex.D47-     R.T.C.
    Ex.D48-     Mutation.
    Ex.D49-     R.T.C.
    Ex.D50-     Mutation.
    Ex.D51-     R.T.C.
    Ex.D52-     Mutation.
    Ex.D53-     R.T.C.
    Ex.D54-     Mutation.
    Ex.D55-     Certified copy of Gift deed dt: 05.04.2012.
    Ex.D56-     Certified copy of Sale deed dt: 23.10.1970.
    Ex.D57-     Certified copy of Katha certificate.
    Ex.D58-     Certified copy of Katha extract.
    Ex.D59-     Certified copy of E.C.
    Ex.D60-     Certified copy of E.C.
    Ex.D61-     Certified copy of Notice dt: 03.12.2009
                issued by   B.B.M.P.
    Ex.D62-     Certified copy of order dt: 13.04.2012 in W.P
                No.42047/2011.
    Ex.D63-     Certified copy of order dt: 08.01.2014 in
                W.P No.42047/2011.
    Ex.D64-     Certified copy of order sheet in Misc.
                No.634/2014.
    Ex.D65-     Certified copy of order dt: 30.01.2020 in
                Misc. No.634/2014.
    Ex.D66-     22 Photographs.
    

    Ex.D66(a)- C.D of Ex.D66 photographs.
    Ex.D66(b)- The Certificate U/s.65(b) of Evidence Act.
    195

    O.S.No. 1990/2018

    Ex.D-70 Certified copy of Registered Partition Deed dt:

    27.03.1945.

    Ex.D-70(a) Typed copy of Ex.D70.

    Ex.D-71 Original Schedule Description list dt:26.07.1937
    standing in the name of N.M.Munishamappa.
    Ex.D-72 Original Grant Certificate dt: 14.04.1938.
    Ex.D-73 Original Valuation Certificate dt: 20.08.1970.
    Ex.D-74 Certified copy of Record of Rights of the year 1970.
    Ex.D-75 Certified copy of Record of Rights of the year 1976.
    Ex.D-76 Certified copy of Index of Land of the year 1970.
    Ex.D-77 Certified copy of Record of Rights of the year 1970.
    Ex.D-78 RTC of the year 1965-66 to 1969-70.
    Ex.D-79 RTC of the year 1965-66 to 1969-70.
    Ex.D-80 RTC of the year 1965-66 to 1969-70.
    Ex.D-81 RTC of the year 1965-66 to 1969-70.
    Ex.D-82 RTC of the year 1965-66 to 1969-70.
    Ex.D-83 RTC of the year 1965-66 to 1969-70.
    Ex.D-84 RTC of the year 1965-66 to 1969-70.

    Ex.D-85 Certified copy of Sale deed dt: 18.02.1995.
    Ex.D-85(a) Readable copy of Ex.D85.

    Ex.D-86 Certified copy of Sale deed dt: 18.02.1995.
    Ex.D-85(a) Readable copy of Ex.D86.

    Ex.D-87 Certified copy of Sale deed dt: 18.02.1995.
    Ex.D-87(a) Readable copy of Ex.D87.

    Ex.D-88      Katha Certificate.
    Ex.D-89      Katha Extract.
    Ex.D-90      Katha Certificate.
    Ex.D-91      Katha Extract.
    Ex.D-92      Property Tax receipt from the year 2021-22 to 2025-
                                 196
                                                     O.S.No. 1990/2018
    
    
                 2026.
    

    Ex.D93 to 95 Building License three in number.
    Ex.D96 Three Photographs of building.
    Ex.D97 Document for having obtained loan issued by
    K.S.F.C.

    LV Addl. City Civil & Sessions Judge,
    Bengaluru.

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