R.K.AGRAWAL, A.M.SAPRE
H. V. Nirmala – Appellant
Versus
R. Sharmila – Respondent
JUDGMENT :
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal arises from the final judgment and order dated 20.09.2011 passed by the High Court of Karnataka at Bangalore in RFA No.1128 of 2008 whereby the High Court set aside the judgment of the Trial Court and decreed the suit filed by the plaintiff.
3. In order to appreciate the issues involved in the appeal, it is necessary to set out the relevant facts hereinbelow.
4. The appellants are defendant Nos. 2 and 3, whereas respondent No.1 is the plaintiff and respondent No. 2 is defendant No. 1 in the civil suit, out of which this appeal arises.
5. The dispute is essentially between the family members and it relates to certain immovable properties originally belonged to the Head of the family known as - Ramaiah. The family tree would be useful to appreciate the issues.
| Ramaiah @ Ramaiah Reddy (died on 26.11.1995) | |
| Smt. Hemavathi (1st wife died : 24.2.89) | Smt. H.V. Nirmala (2nd wife) Defendant 2 |
| (i) R. Sharmila (daughter – Plaintiff) & | Rakesh Babu (son – Defendant 3) |
| (ii) Umesh (son – Defendant 1) | |
6. Ra
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