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2009 Supreme(SC) 1336

S.B.SINHA, DEEPAK VERMA
M. Yogendra – Appellant
Versus
Leelamma N. – Respondent


Appearing Advocates:
For the Appellants:G.V. Chandrashekhar, N.K. Verma, Ms. Anjana Chandrashekar, Advocate. For the Respondents:S.N. Bhat, B. Subrahmanya Prasad, Ajay Kumar M., V.N. Raghupathy, Advocates.

Judgment :-

S.B. Sinha J.

Leave granted.

Interpretation of the application of the provisions of Section 6 of the Hindu Succession Act, 1956[hereinafter called for the sake of brevity as `the Act] vis-à-vis Section 6 thereof is in question in this appeal. It arises out of a judgment and order dated 16.11.2007 passed by the High Court Karnataka at Bangalore in RFA No. 1403/2003 and 1404/2003 dismissing the appeals preferred by the appellants herein from a judgment and order dated 14.07.2003 in O.S. No. 305/2000 and O.S. No. 567/2001 passed by the Principal Civil Judge, Senior Division, Mysore between both the parties for a suit of partition. The two aforementioned suits for partition were filed - one by the appellants herein and the other by respondent Nos.1,2 and 4 herein. One K Doddananjundaiah indisputably is the predecessor- in-interest of the plaintiffs of both the suits. He along with his own brothers rightly formed a coparcenery. In or about 1941, a partition took place in terms whereof the suit properties were allotted to him. He married twice. The name of his first wife although does not appear from the records it is stated at Bar that her name was Puttamma. He, however, marr









































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