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29/2008
IN THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE
& C.J.M. AT MYSURU
: PRESENT :
SRI.SANTHOSH KUMAR SHETTY N., B.Com., LL.M.
II ADDITIONAL SENIOR CIVIL JUDGE, MYSURU.
DATED THIS THE 4th DAY OF JUNE 2019
F.D.P. NO.29/2008
PETITIONERS : 1. K.G.Krishnamurthy,
S/o late K.Gopalachar,
Aged about 58 years,
2. Smt.Vanajakshi,
W/o late K.Gopalachar,
Aged about 81 years,
3. Smt.K.G.Malathi,
W/o U.Ramakrishna Kukillaya,
Aged about 54 years,
-V/S-
Krishnamurthipuram,
Mysuru-570 004.
11 (b) Mrs.Divyalakshmi,
W/o Mr.Raghavendra Rao,
Aged about 34 years,
“ Devi Prasad ” Near
Hosa Digantha Press,
Yeyyadi, Konchadi Post,
Mangalore-570 008.
1 1 (c) Mrs.Bhagyalakshmi,
W/o Mr.Girish Rao,
No.712, 'Lakshmi Nivas'
66th Cross, Kumaraswamy Layout,
1st Stage, Bangalore-560 078.
2. 2. Sri.K.G.Ramakrishna,
S/o late K.Gopalachar,
Aged about 63 years,
No.312, Diwan's Road,
Devaraja Mohalla,
Mysuru-570 024.
3. Sri.K.G.Raghavendra,
S/o late Gopalachar,
Aged about 61 years,
No.312, Diwan's Road,
Devaraja Mohalla,
Mysuru-570 024.
3 F.D.P.No.29/2008
4. Smt.K.Bheemarathi,
W/o K.R.Sripathi,
Aged about 68 years,
No.312, Diwan's Road,
Devaraja Mohalla,
Mysuru-570 024.
5. Smt.G.Sreemathi,
W/o late M.Srinivasa Rao,
Aged about 66 years,
Krishna Apartment, D-Block,
1012, Ponnamalee High Road,
Chennai-600084.
ORDERS
2. In response to the notices, the Respondents No.2 to
4 have appeared through their counsel. The Respondents
No.2 and 3 have filed their common objections. Though
notices were duly served upon the Respondents No.1(a) to
1(e) and 5, none appeared before the court.
favour of Petitioners No.1 to 3 and Respondents No.2 to 4.
The remaining portions are available for allotment in favour
of the legal heirs of Respondents No.1 and Respondent No.5.
4. The 2nd item in the Petition 'A' schedule was house
property, situated at Nanjangud. As it was not feasible for
division, it was sold in the public auction and the sale
proceeds of Rs.33,47,904/ was deposited in this court.
Thereafter Petitioners No.1 to 3 made an application for
release of their portion of money in the sale proceeds. The
said application came to be allowed on 23072016 and
thereby the sum of Rs. 4,18,488/ each has been released
in favour of Petitioners No.1 to 3. The Respondents No.2 to
4 made their submission before the court to release their
portion of money in the sale proceeds. As the responsibility
of rendering accounts was on the legal heirs of Respondent
No.1, there is no impediment to release the sum of
Rs.4,18,488/ each in favour of Respondents No.2 to 4.
serving notice to the parties, he visited the premises bearing
No.312, situated at Diwan's Road, Chamaraja Mohalla,
Mysuru on 12032019 and drew the commission work and
submitted his report on 25032019. While executing
commission work, he weighed and valued the items No.1 to
10, 24, 25, 27, 28, 34, 35, 37, 38, 40 to 43, 45 to 49, 51, 52
and 55. According to the commissioner, all those items
weighed by him are silver articles, having weight of 27.257
kilograms. It was submitted in his report that, items No.11
to 23, 29 to 33 were on the God's Mantap, which consists of
Saligramas. Therefore, he could not assess the value of
Items No.11 to 23, 29 to 33 shown in Petition 'E' schedule.
Further stated in his report that, items No.26, 36, 39, 44,
50, 53, 54 and 56 are not available for assessment.
6. According to Petitioners the silver articles shown at
Sl.Nos.1 to 52 are approximately weighed at 80 kilograms.
As per stated supra, Petitioners No.1 to 3 and Respondents
No.1 to 5 are entitled for 1/8th share each in those Items.
Herein it is relevant to mention that, the Respondents No.1
to 5 are the children of late Gopalachar born through his
first wife. Petitioners No.1 and 3 herein are the children of
said Gopalachar born through his second wife, who is 2 nd
petitioner herein. It is apparently clear that, Petitioners
No.1 to 3 together are having 3/8th share in the said
properties. According to Petitioners the total silver articles
7 F.D.P.No.29/2008
ORDER
The petition is allowed as under :
As per Method No.1, the portions of
properties No.8, 7 and 6 in first Item of
petition 'A' schedule are allotted to the
8 F.D.P.No.29/2008
The silver articles at Sl.Nos.1 to 10,
24, 25, 27, 28, 34, 35, 37, 38, 40 to 43,
45 to 49, 51, 52 and 55 are allotted to
the share of Petitioners No.1 to 3.
It is ordered to be paid and released
the sum of Rs.4,18,488/ each in favour
of Respondent No.2 to 4 with respect to
their 1/8th share in the sale proceeds
relating to 2nd Item of petition 'A'
schedule property.
Draw Final Decree, accordingly.