UFM Halappa Narayan Naik, aged about 60 years, R/o Nagare, Tq-Honnavar vs UFM Madev Rama Naik, aged about 60 year, r/o Balkur, Honavar taluk Advocate - Ganesh Vishnu Bhat — 5/2024
Case under Code of Civil Procedure Section U/o 41, Rule 1. Disposed: Contested--DISMISSED on 26th March 2026.
R.A. - Regular Appeals
CNR: KAUK610001342024
Filing Number
5/2024
Filing Date
12-Mar-2024
Registration No
5/2024
Registration Date
12-Mar-2024
Court
SENIOR CIVIL JUDGE AND JMFC, HONAVAR
Judge
526-Senior CIVIL Judge and JMFC Honavara
Decision Date
26-Mar-2026
Nature of Disposal
Contested--DISMISSED
Last updated 05-Jun-2026
Acts & Sections
Petitioner(s)
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1.UFM Halappa Narayan Naik, aged about 60 years, R/o Nagare, Tq-Honnavar
Adv. Gopalkrishna Parameshwar Hegde
Respondent(s)
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1.UFM Madev Rama Naik, aged about 60 year, r/o Balkur, Honavar taluk Advocate - Ganesh Vishnu Bhat
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2.UFM Laxman Ganapati Naik, aged about 60 yrs, r/o Balkur, Honavar taluk
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3.U.F.M. Keshav Hanumanth Naik, aged about 60 years, r/o Balkur, Honavar taluk
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4.UFM Baira Hanumanth Naik, aged about 45 years, r/o Balkur, Honavar taluk
Case History
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Case disposedDisposed
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26-Mar-2026
JudgmentView PDF
Case Summary: RA 5/2024 — Halappa Narayan Naik v. Madev Rama Naik & Others Decision: The appellate court dismissed the plaintiff's appeal and confirmed the trial court's judgment, upholding the partial partition decree. The court granted the plaintiff a 1/5th share in Items 1-10 of the ancestral properties but rejected his claim to Item 11, finding it was granted solely to Rama Sankoos Naik (the defendant's father) based on his 20 years of separate possession and cultivation, not as joint family property. Key Reasoning: Although the plaintiff argued that Item 11 should be partitionable among all five sons of the original patriarch Sankoos Naik under Hindu Mitakshara law, the court determined the Land Tribunal had granted Item 11 exclusively to Rama Sankoos Naik as a protected tenant, not on behalf of the joint family through any form submitted by all brothers. The evidence showed only Rama cultivated Item 11 separately for 20 years, without joint cultivation by other brothers, thus negating the family benefit argument. This case analysis is maintained by casestatus.in based on publicly available court records.
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26-Mar-2026
Decree
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26-Mar-2026
Disposed
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13-Mar-2026
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09-Dec-2024
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21-Oct-2024
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05-Aug-2024
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04-Jul-2024
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24-Apr-2024
Arguments
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13-Mar-2024
First hearing
Initial hearing scheduled
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12-Mar-2024
Case filed
Registration No. 5/2024
Case Summary: RA 5/2024 — Halappa Narayan Naik v. Madev Rama Naik & Others Decision: The appellate court dismissed the plaintiff's appeal and confirmed the trial court's judgment, upholding the partial partition decree. The court granted the plaintiff a 1/5th share in Items 1-10 of the ancestral properties but rejected his claim to Item 11, finding it was granted solely to Rama Sankoos Naik (the defendant's father) based on his 20 years of separate possession and cultivation, not as joint family property. Key Reasoning: Although the plaintiff argued that Item 11 should be partitionable among all five sons of the original patriarch Sankoos Naik under Hindu Mitakshara law, the court determined the Land Tribunal had granted Item 11 exclusively to Rama Sankoos Naik as a protected tenant, not on behalf of the joint family through any form submitted by all brothers. The evidence showed only Rama cultivated Item 11 separately for 20 years, without joint cultivation by other brothers, thus negating the family benefit argument. This case analysis is maintained by casestatus.in based on publicly available court records.
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