Karnataka High Court Orders Fresh Partition in Long-Pending Land Dispute
High Court Sets Aside Lower Court Decisions; Calls for Equitable Division of Property
In a significant judgment delivered by the Karnataka High Court on September 26, 2025, Justice Anant Ramanath Hegde ordered a fresh division of land in a long-standing partition dispute involving 10 acres and 22 guntas in Sy. No. 25 of Gondichatnahalli Village, Shivamogga Taluk. The case, Veerabhadrappa and others v. Channappa Gowda D, saw the High Court overturn previous decrees by the Trial Court and First Appellate Court, which had erroneously divided only 7 acres and 12 guntas of the disputed land.
The legal battle, tracing back to 1989, revolves around the partition and separate possession of land between two branches of a family. The initial decree for partition was modified in 2010 and again in 2012, yet the final division remained contentious, leading to the current appeal.
The High Court criticized the lower courts for failing to appreciate crucial evidence indicating the total land available was indeed 10 acres and 22 guntas, as initially decreed. The Court directed a fresh partition of the entire extent, ensuring equitable division between the parties involved.
Highlighting inefficiencies in current legislative procedures, Justice Hegde echoed sentiments from previous Supreme Court observations, advocating for reforms in the Civil Procedure Code to expedite final decree proceedings. He suggested legislative amendments to streamline the process, reducing the burden of lengthy litigations that often benefit those in possession of disputed properties.
In his judgment, Justice Hegde emphasized the importance of fair division, proposing an alternative mechanism where one party proposes the division and the other chooses first, promoting fairness and expediting resolution. Furthermore, he clarified that ongoing proceedings for Sy. No. 25 should not hinder the registration of final decrees for other properties that have attained finality.
The High Court's decision marks a crucial step towards resolving a dispute that has lingered for over three decades. The parties are scheduled to appear before the Trial Court on October 23, 2025, to commence the fresh division as directed.
Bottom Line:
Partition of property - Final decree proceedings - Court to ensure division of entire property as per preliminary decree, even if certain portions are not demarcated by the Commissioner.
Statutory provision(s): Civil Procedure Code, 1908 - Order XX Rule 18, Karnataka Land Revenue Act, 1964 - Section 132(3)
Veerabhadrappa v. Channappa Gowda D dead, (Karnataka) : Law Finder Doc Id # 2791021
