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2005 Supreme(SC) 156

A.K.MATHUR, ASHOK BHAN
Sridevi – Appellant
Versus
Jayaraja Shetty – Respondent


Judgment

Plaintiffs who are the appellants have filed this appeal assailing the judgment and decree passed by the High Court of Karnataka in Regular First Appeal No. 715 of 1988 to the extent it has gone against them. By the impugned judgment, the High Court has affirmed the judgment and decree passed by the Trial Court.

Facts :

2. One Padmayya Kambali was the owner of the disputed suit properties. He had four sons and three daughters. Appellant Nos. 1 & 2 are the daughters and appellant No.3 is the granddaughter through the third daughter who has died. Defendant-respondent Nos. 1 to 12 are the grandchildren of Padmayya Kambali through his three sons and 13th Respondent is his 4th son. Padmayya Kambali died on 13.4.1976. At the time of his death he left behind vast properties some of which he had inherited from his brother and includes pro­perties which vested in the Stage of Karnataka in respect of which compensation was paid. He executed a will dated 28.3.1976 (Exhibit D-1) which was got registered on 11.9.1980.

3. Appellants filed the suit being Original Suit No. 5 of 1981 for partition and separate possession of 1/7th share for each of the appellants of the properties described in

















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