K.S. KRISHNE GOWDA Vs. K.S. MANJUNATH

JUDGEMENT

(1.) This petition is by the second respondent in the Final Decree Proceedings in FDP No.3/2009 on the file of the Senior Civil Judge and JMFC, K R Pet [for short, 'the civil Court']. The petitioner has impugned the civil Court's order dtd. 26/7/2014, and the operative portion of the civil Court's impugned order reads as under:

(2.) It is undisputed that the first respondent's suit in O.S. No.68/2007 is decreed by the Judgment and Decree dtd. 31/7/2009 declaring that the petitioner herein and his two brothers viz., the first and second respondents and their mother, the third respondent [who is no more and it is undisputed that she has died intestate] are allotted one-fourth share in the different immovable properties described in the schedules appended to the plaint. The immovable properties are situated at [a] Koratikere Village, Santhebachahalli Hobli, K R Pet, Taluk, Mandya District; [b] Valagere Menasa Village, Santhebachahalli Hobli, K R Pet, Taluk, Mandya District; [c] Narihalli Village, Kasaba Hobli, Hassan District; [d] Jodi Tattekere Village, Kasaba Hobli, Hassan District. If the agricultural lands situate in these four villages are included in the different schedules appended to the plaint, certain residential properties situate in these villages are also included in these schedules.

(3.) In the subsequent appeal, the Judgment and decree in O.S. No.68/2007 is modified declaring that the three brothers would be entitled for 5/16th share and the mother would be entitled for 1/16th share. It must be recorded that the fourth respondent, who is also born to the third respondent, is not granted a share on the ground that he is given in adoption. The fourth respondent has not accepted such finding, and this respondent's grievance is pending consideration before this Court in RSA No.801/2020.