(Anil R. Dave and Adarsh Kumar Goel, JJ.)
Boregowda (D) by Lrs. & Ors. _______________________ Appellant(s)
v.
K.N. Devaraju & Ors. _____________________________ Respondent(s)
Civil Appeal Nos. 3970-3971 of 2016, decided on April 18, 2016
[Arising out of SLP (C) Nos. 15787-15788 of 2010]
The Judgement of the Court was delivered by
Anil R. Dave, J.:—
1. Delay condoned. Leave granted.
2. Looking at the facts of the case, we think that it would be just and proper to dispose of the appeal today.
3. As per the findings arrived at by the trial court and not disturbed by the High Court, it is not in dispute that Defendant No. 31, who was Karta of the family, sold ‘A’ and ‘B’ Scheduled properties in question for legal necessity and after receiving adequate consideration.
4. In the aforesaid circumstances, in our opinion, the High Court committed an error by observing that the family members of Defendant No. 31 would have right in the properties enumerated in Schedule ‘A’ or ‘B’. The High Court has held that in Item Nos. 1-4 of Schedule ‘B’ properties, the present appellants will not have any right and the family members of Defendant No. 31 will have 3/4th share. We fail to understand as to how the High Court has come to such a conclusion. The High Court has committed an error by coming to the conclusions that the respondents are entitled to 3/4th share in Item Nos. 1-4 of the of Schedule ‘B’ property, especially in view of the fact that the said properties had been sold by Defendant No. 31, Karta of the family.
5. In the circumstances, the appeals are disposed of as allowed with no order as to costs. It is held that the family members of Defendant No. 31 shall not have any right in Schedule ‘B’ property.
Petition(s) for Special Leave to Appeal (C) Nos. 15787-15788/2010
Boregowda (D) by Lrs. & Ors _______________________ Petitioner(s)
v.
K.N. Devaraju & Ors ____________________________ Respondent(s)
Date : 18/04/2016 These petitions were called on for hearing today.
(Before Anil R. Dave and Adarsh Kumar Goel, JJ.)
For Petitioner(s) Mr. G.V. Chandrashekhar, Adv.
for Ms. Anjana Chandrashekar, Adv.
For Respondent(s) Mr. Darpan K.M., Adv.
For Mr. D.L. Chidananda, Adv.
UPON hearing the counsel the Court made the following
Order
6. Delay condoned.
7. Leave granted.
8. The appeals are disposed of as allowed in terms of the Non-reportable judgment.
Petition(s) for Special Leave to Appeal (C) No(s).15787-15788/2010
Boregowda (D) by Lrs. & Ors ____________________ Petitioner(s)
v.
K.N. Devaraju & Ors.….Respondent(s)
Date : 18/04/2016 These petitions were called on for hearing today.
(Before Anil R. Dave and Adarsh Kumar Goel, JJ.)
For Petitioner(s) Mr. G.V. Chandrashekhar, Adv.
For Ms. Anjana Chandrashekar, Adv.
For Respondent(s) Mr. Darpan K.M., Adv.
For Mr. D.L. Chidananda, Adv.
UPON hearing the counsel the Court made the following
Order
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