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2022 Supreme(SC) 270

K. M. JOSEPH, HRISHIKESH ROY
B. R. Patil – Appellant
Versus
Tulsa Y. Sawkar – Respondent


Advocates appeared:
For the Appellant(s) :Salim A. Inamdar, Rabin Majumder, Advocates
For the Respondent(s):S. N. Bhat, D. P. Chaturvedi, Tarun Kumar Thakur, Parvati Bhat, Anuradha Mutatkar, Advocates

JUDGMENT :

K. M. Joseph, J.

The first defendant in O.S. No. 7944 of 2003 in the Court of Additional City Civil Judge at Bangalore is the appellant before us. The said suit was filed by his sister as the first plaintiff and his sister-in-law as the second plaintiff. The reliefs sought read as follows: -

    "(1) (a) For partition and separate possession of their 1/5th share each, in the suit schedule items 1 to 3 properties by metes and bounds and 1/5th share each, in the sale proceeds of items 4 & 5 of the suit schedule properties, after their sale.

    (b) a direction to the 1st defendant to render accounts of the rentals received by him, from item no. 1 and 3 of the suit schedule properties from 1983 onwards till the date of suit and for partition of 1/5th share of each plaintiff, in the said rentals.

    (c) For an enquiry into the rentals to be received by the 1st defendant from suit items 1 & 3 during the pendency of the suit and for partition of 1/5th share of each plaintiff, and

    (d) for mesne profit from the date of preliminary decree, till date of delivery of the 1/5th share of each plaintiff, and

    (e) for such other relief or reliefs as this Hon'ble Court deems fit to grant to the plaintiffs

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