Summary of Judgement
Civil Appeals challenge the judgment of the High Court of Karnataka, Dharwad Bench, in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011. The Respondents, daughters of Appellant No. 1 through his first wife, filed a suit for partition of the family properties. The Trial Court decreed the suit partially, granting the Respondents 1/6th and 1/10th shares in various properties. The High Court modified this, granting them 1/3rd shares in some properties and 1/9th shares in others. The Appellants contended that some properties were self-acquired and not part of the coparcenary. The Supreme Court excluded certain properties from partition and modified the preliminary decree accordingly.
Introduction
- These Civil Appeals are filed against the judgment dated 16.10.2019 in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011, on the file of the High Court of Karnataka, Dharwad Bench.
Background
- The Respondents filed O.S. No.73 of 2004 in the Court of the Additional Civil Judge, Hubli, for partition of suit properties.
Suit Properties
- List of suit properties with survey numbers, extent, and village.
Family Genealogy
- Respondents are daughters of Appellant No. 1 through his first wife, Uma. Appellant No. 1 divorced Uma and married Appellant No. 2, having daughters Appellant Nos. 3 and 4. The case involves determining if the suit properties are ancestral.
Trial Court's Findings
- The Trial Court decreed the suit in part, granting the Respondents shares in certain properties.
High Court's Modifications
- The High Court modified the Trial Court's judgment, granting the Respondents different shares.
Supreme Court's Consideration
- Appeal history and remand by the Supreme Court.
- Hearing of arguments from both sides.
Key Issues and Arguments
- Convenience of deciding entitlement to a share in the suit property.
- Appellants' contention regarding shares and self-acquired properties.
Analysis of Properties
- Discussion on the mutation of revenue records and ancestral property.
- Examination of Sl. No. 2 properties' status.
- Examination of pleadings and evidence on ancestral properties.
Findings on Sl. No. 2
- Findings on the nature of Sl. Nos. 3 and 4 properties.
- Trial Court's findings on gift deeds and self-acquisition.
Conclusion on Self-Acquired Properties
- Supreme Court's assessment on the self-acquired nature of properties.
- Determination of the share in Sl. Nos. 1 and 5.
Legal Considerations
- Applicability of legal principles and precedence to the case facts.
- Conclusion that Sl. No. 2 properties are separate and self-acquired.
Final Decision
- Appeals allowed in part, excluding Sl. No. 2 from partition and confirming the rest of the findings. No order as to costs.
Case Title: SHASHIDHAR AND OTHERS VERSUS ASHWINI UMA MATHAD AND ANOTHER
Citation: 2024 LawText (SC) (7) 8024
Case Number: CIVIL APPEAL NOS. 3780-3781 OF 2020
Date of Decision: 2024-07-08