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1994 Supreme(SC) 546

M. N. VENKATACHALIAH, S. MOHAN
Kenchegowda (Since Deceased) By Legal Representatives – Appellant
Versus
Siddegowda Alias Motegowda – Respondent


Advocates:
M.S.NESARGI, MIRA AGRAWAL, P.Mahale, R.C.MISHRA

JUDGMENT

Mohan, J.

1. Both these appeals can be dealt with under a common judgment since they arise out of a common judgment rendered by High Court of Karnataka at Bangalore in Regular Second Appeal Nos. 768 and 769 of 1979.

2. The following genealogical tree will establish the relationship between the parties:

Dodkullegowda

|

---------------------------------------------------------

| | | |

Siddegowda@ Kenchtgowda Kalegowda Ninegowda

Addegowda (D-1 in OS No. (D- 1 in OS No.

346 of1976) 347 of 1974)

| |

Siddegowda Boregowda

@ Moregowda @Kenchegowda

(plaintiff)

3. Siddegowda filed two suits bearing OS Nos. 346 and 347 of 1974 before the learned Munsiff at Mandya for declaration of his title and permanent injunction. The suit property consists of 30 gunlas of land in Survey No. 214 in each suit.

4. The plaint averments are shortly as under. The plaintiffs father and his brother formed a Joint Hindu Family. The father of the plaintiff died about 30 yea















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