HEMAVATHI Vs. V. HOMBEGOWDA

JUDGEMENT

(1.) Leave granted.

(2.) These are two more appeals which arise from the High Court of Karnataka within a short period of time wherein, without framing the substantial question of law, Regular Second Appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 (For short the "CPC") is allowed. Additionally notice to respondent Nos. 1, 3 and 4 may not have been issued and served as the Second Appeal was allowed at the stage of admission and if notice had been issued and served no counsel for the said respondents had been heard. It is on the basis of the aforesaid two grounds alone, the appeals would have to be allowed and the impugned order(s) of the High Court passed in RSA No.291/2022 disposed of on 13/4/2022 and in Review Petition No.536/2022 disposed on 23/6/2022 would have to be set aside.

(3.) Briefly stated the facts are that the appellants herein had filed Original Suit No.552/2003 before the Court of II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, Karnataka seeking the relief of partition and separate possession of their respective shares in the suit schedule property. By judgment and decree dtd. 7/2/2012, the suit was decreed granting % share to each of the plaintiffs (appellants herein).