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2017 Supreme(SC) 907

R.K.AGRAWAL, A.M.SAPRE
Adiveppa – Appellant
Versus
Bhimappa – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed by the plaintiffs against the final judgment and order dated 22.08.2011 passed by the High Court of Karnataka Circuit Bench at Dharwad, in RFA No. 1793 of 2006 whereby the High Court dismissed the appeal and affirmed the judgment and decree passed by the Court of Principal Civil Judge (Senior Division), Bagalkot in O.S. No.85 of 2001.

3) In order to appreciate the short controversy involved in this appeal, it is necessary to state the relevant facts.

4) The appellants are the plaintiffs whereas the respondents are the defendants in a civil suit out of which this appeal arises.

5) The dispute is between the members of one family, i.e., uncle, aunt and nephews. It pertains to ownership and partition of agricultural lands.

6) In order to understand the dispute between the parties, family tree of the parties needs to be mentioned hereinbelow:

       GENEALOGICAL TREE
Adiveppa (Died about 3—35 years back)
Yamanavva (Died about 10 years back)
Adiveppa
Yamanavva (Wife)

Hanamappa

Gundavva (Son – Died 6 year























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