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2019 Supreme(SC) 393

ASHOK BHUSHAN, K.M.JOSEPH
Gopalakrishna (D) By Lrs – Appellant
Versus
Narayanagowda (Dead) By Lrs. – Respondent


Advocates Appeared:
For the Appellant :Mr. Trideep Pais, Advocate, Mr. N.K. Verma, Advocate, Mr. Pranav Jain, Advocate and Ms. Anjana Chandrashekar, Advocate.
For the Respondents:Mr. S.K. Kulkarni, Advocate, Mr. M. Gireesh Kumar, Advocate, Mr. Ankur S. Kulkarni, Advocate and Mr. Vijay Kumar, Advocate.

JUDGMENT :

K.M. JOSEPH, J.

1. This appeal filed by special leave is directed against the judgment dated 28.11.2005 passed by the High Court of Karnataka in Regular Second Appeal Nos. 870/1996 and 871/1996. The High Court, by its impugned judgment, dismissed the appeals and affirmed the judgment of the First Appellate Court which had reversed the decree passed by the Trial Court. The Trial Court decreed the suits [O.S. No. 68/1985 and 21/1986 (O.S. No. 393/75)] filed by the appellants.

2. The case of the appellants is as follows:-

One Ramanna was the owner of the properties which are scheduled to the plaint. He passed away in 1907. He was married to Jankamma (first wife) who predeceased him. The second wife Seethamma passed away in the year 1938. Through his first wife (Jankamma), he had a daughter named Venkamma. Venkamma passed away in 1910. Venkamma, in turn, had a daughter named Jankamma. The appellants before us claimed right to the properties by virtue of sale deeds executed by Jankamma in the year 1955.

After the sale executed by Jankamma, the father of the first plaintiff and



























































































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