Jayashree Jayanth vs N. Krishnaswamy

Headnote AI-drafted · Reviewed and approved

This Regular First Appeal was filed under Order XLI Rule 1 read with Section 96 of the Code of Civil Procedure, challenging the judgment and decree dated 05.07.2016 passed in O.S. No. 6285/2008 by the XXXVII Additional City Civil and Sessions Judge, Bengaluru (CCH-38), whereby the suit for partition and separate possession was dismissed as not maintainable.

The appellant, Jayashree Jayanth, is the daughter of the first respondent N. Krishnaswamy and claimed a 1/8th share in the suit schedule properties, comprising immovable landed properties, bank accounts, plants and machinery, assets and shares in companies, residential apartments at Coimbatore and agricultural lands, all alleged to be joint family properties tracing back to the propositus Bore Gowda of Pura Village, Hassan District.

The factual matrix involved a complex family tree descending from Bore Gowda, multiple partition deeds dated 04.03.1955, 26/27.04.1966 and 22.02.1994, and claims regarding the nature of properties as Hindu Undivided Family properties. The trial court dismissed the suit as not maintainable, prompting the present first appeal before the Karnataka High Court Division Bench.

Catchwords: partition · Hindu Undivided Family · joint family property · separate possession · maintainability of suit · ancestral property · Karnataka Land Reforms Act · first appeal · succession