SRI KRISHNAPPA v. SMT BYRAMMA

(BY SRI. B MANJUNATH & ASSOCIATES, ADVOCATE) …APPELLANTS AND:

1. SMT BYRAMMA DEAD BY HER LRS SMT. CHANNAKRISHNAMMA D/O ERABARAPPA - 2 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR W/O ANADNAPPA AGED ABOUT 56 YEARS R/A GANTIGANAHALLI VILLAGE TUBAGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561205

2. SRI SRIRAMAPPA S/O ERABARAPPA AGED ABOUT 54 YEARS R/AT GANDLAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT-562101 AND ALSO R/AT MANDIKAL VILLAGE MANDIKAL HOBLI CHIKKABALLAPUR DISTRICT – 562104

3. VENKATAPPA (DEAD) WHOSE LRS WERE ALREADY ON RECORD AND THEY ARE LATE D2- SONNAMMA AND D3 PILLAMMA

4. A. SMT. SONNAMMA BY HER LRS SMT. KYATHAMMA D/O MUNISHAMAPPA W/O BYRAPPA AGED ABOUT 63 YEARS R/A JEEDAMAKALAHALLI VILLAGE MANDILA HOBLI CHIKKABALLAPUR TALUK-562104 B. SMT. VINODAMMA D/O MUNISHAMAPPA W/O JAYAPPA - 3 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR AGED 58 YEARS JEEDAMALOLAHALLI VILLAGE MADNIKAL HOBLI CHIKKABALLAPUR TALUK-562104 C. MUNIRATHNAMMA D/O MUNISHAMAPPA W/O MUNIRAJU AGED ABOUT 54 YEARS R/AT BAGALURU VILLAGE BENGALURU CITY-562149 D. SRI MUNIRAJU S/O MUNISHAMAPPA AGED ABOUT 51 YEARS R/A DEVASTHANADAHOSAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK E. SRI VEERAPPA S/O MUNISHAMAPPA AGED ABOUT 49 YEARS R/AT GANDALHALLI VILLAGE CHIKKABALLAPUR TALUK CHIKKABALLAPUR DISTRICT-562101 F. SRI MANJUNATH S/O MUNISHAMAPPA AGED ABOUT 47 YEARS R/AT DEVASTHANADAHOSAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPURA TALUK-562101

5. RAJAMMA D/O LATE CHIKKAVENKATARAYAPPA W/O VENKATARAYAPPA AGED ABOUT 63 YEARS R/AT RENUKALAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK-562101 - 4 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR

6. SMT. KANTHAMMA D/O LATE CHIKKAVENKATARAYAPPA W/O SHIVAPPA AGED ABOUT 61 YEARS R/AT HOSAHALLI VILLAGE MANDIKAL HOBLI HIKKABALLAPUR TALUK-562104

7. SMT. GANGAMMA D/O LTE CHIKKAVENKATARAYAPPA W/O NARAYANAPPA AGED ABOUT 59 YEARS R/AT APPIREDDIHALLI VILLAGE GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT-562104

8. SMT. KYATHAMMA D/O MUNISHAMI W/O MUNIYAPPA AGED ABOUT 93 YEARS R/AT KAMMAGUTTAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK-562104

9. SRI BYRAREDDY S/O VENAKTARAYAPPA AGED ABOUT 59 YEARS R/AT RENUKALAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPURA TALUK-561209

10. SMT. BYRAMMA D/O YARRAPPA AGED ABOUT 43 YEARS R/AT KAMBALI VILLAGE KASABA HOBLI CHIKKABALLAUPRA TALUK-562101

11. SRI BYRAREDDY S/O BYRAPPA AGED ABOUT 43 YEARS - 5 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR R/AT GANDLAHALLI VILLAGE KASABA HOBLI CHIKKABALLPUR TALUK-562101

12. SMT. MANJAMMA W/O MUNEGOWDA AGED ABOUT 46 YEARS R/AT HANDIGANALA VILLAGE KASABA HOBLI SIDLAGHATTA TALUK CHIKKABALLAPUR DISTRICT-562105.

13. SRI BYRANNA S/O BYRAPPA AGED ABOUT 41 YEARS R/AT GANDLAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK-562101

14. SRI CHIKKABEERAPPA S/O NADUPIPAPANNA AGED ABOUT 73 YEARS R/A GANDLAHALLI VILLAGE KASABA HOBLI CHIKKABALLAPUR TALUK-562101 (BY SRI D V SHASHANK, ADVOCATE FOR C/R1(A) AND R2; V/O DT. 08.12.2025, NOTICE TO R3 TO R14 D/W) …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.12.2022 PASSED IN R.A.NO.72/2020 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKABALLAPURA AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This second appeal is filed only in respect of proportionate of share is concerned. Originally the propositus of the family is Byarappa who having two children viz., Gorlappa and Muniyappa and the property has to be divided between the two persons i.e., Gorlappa and Muniyappa equally. Gorlappa and Muniappa are entitled for equal share i.e., half share.

2. Now, the suit is filed in respect of Muniyappa branch is concerned. The said Muniyappa is having two wives viz., Muniakkayamma and Venkatamma (defendant No.1). The first wife i.e., Muniakkayamma is having 4 children viz., Doddabyramma, Venkatamma, Akkyamma and Byramma. The second wife i.e., Venkatamma is having 3 children viz., Sonnamma, Byramma and Pillamma.

3. Now, the issue between the parties is with regard to the entitlement of share is concerned. There is no dispute with regard to the relationship between the parties is concerned. The first wife’s first daughter – Doddabyramma is no more and she is having two children viz., Chikkavenkatarayappa and - 7 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR Kyathamma. Kyathamma is alive and arrayed as defendant No.9 and Chikkavenkatarayappa is no more and his legal representatives are defendant Nos.4 to 8. Defendant Nos.4 to 8 represents the share of Chikkavenkatarayappa. The Akkyamma having two children viz., Byrappa and Chikkaveerappa. Byrappa is no more. Defendant Nos.11 to 14 represents the shares of Byrappa. Chikkaveerappa is alive and he has arrayed as defendant No.15. These two branches equally entitled for a share of Akkyamma.

4. The other daughter of first wife is Byramma. Byramma has got the two children viz., Sriramappa and Channakrishnamma i.e., plaintiff No.1(a) and (b) and they represent the share of Byramma.

5. The Sonnamma is the first daughter of second wife of Muniyappa. Sonnamma is alive and arrayed as defendant No.2 and subsequently, passed away and hence, defendant Nos.2(a) to (f) represent the branch of Sonnamma and they are entitled for share of Sonnamma. - 8 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR

6. The other daughter of second wife of Muniyamma is Byramma who got married to Chikkavenkatarayappa is also no more and hence, Byramma's share goes to defendant Nos.4 to

8. Hence, defendant Nos.4 to 8 also entitled for share of Byramma as well as the share of Chikkavenkatarayappa if there was a marriage between them and they belonged to same family.

7. Pillamma is arrayed as defendant No.3 who is the another daughter of Venkatamma i.e., the second wife of Muniyappa and she is entitled for 1/3rd share of Venkatamma.

8. Now, the counsel appearing respondent Nos.1(a) 2 contend whether Chikkavenkatarayappa had married the Byramma or not and the same has to be clarified. If the said Byramma who is the second daughter of Venkatamma of the second wife of Muniyappa got married the Chikkavenkatarayappa, who is the son of Doddabyramma, then only defendant Nos.4 to 8 are entitled for share the property of Byramma and Chikkavenkatarayappa. If the Byramma not married the Chikkavenkatarayappa i.e., the son of Doddabyramma, then - 9 - NC: 2025:KHC:53094 RSA No. 20 of 2024 HC-KAR defendant Nos.4 to 8 are not entitled for the share of Byramma. The Trial Court did not grant any share in favour of defendant Nos.4 to 8 who represents the branch of Chikkavenkatrayappa. Hence, this order is modified. The grievance of the appellants in this second appeal is also that the share of Chikkavenkatarayappa was not given to defendant Nos.4 to 8. Hence the same is clarified in this second appeal. Except this, no other issue involved between the parties. Thus, the second appeal is disposed of.

9. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands dismissed. SN Sd/- (H.P.SANDESH) JUDGE