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1983 Supreme(Kar) 43

G.N.SABHAHIT
BASAVALINGAMMA BY LRI – Appellant
Versus
SHARADAMMA – Respondent


Advocates:
R.BALASUBRAMANYAM, R.V.VASANTH KUMAR

G. N. SABHAHIT, J.

( 1 ) THIS appeal by the defendants in OS No. 18 of 1977 is directed against the judgment and decree dt. 8-3-1982 passed by the dist. Judge, Chitradurga in RA No. 23 of 1981, on his file, allowing the appeal in part and giving a decree in favour of the plaintiff for partition and separate possession of 1/15th share In B Sch. properties with costs of the lower Court and directing enquiry for the purpose of mesne profits as provided under Or. 20, R. 12 of the cpc and further directing that a preliminary decree be drawn accordingly. The judgment and decree dt. 21-2-1980 passed in OS No. 18 of 1977 were accordingly modified.

( 2 ) THE plaintiff is the widowed daughter-in-law of Siddappa. Siddappa had two sons, namely, Rajappa and Nagaraja and two daughters namely, Sharadamma and Saraswathamma. The plaintiff is the widow of Rajappa who died after 1956. The plaintiff Instituted a suit earlier at CS no. 37 of 1963 for separate possession of her 1/3rd share which devolved on her on the death of her bus band, against Siddappa and his other son. She got a decree in her favour on 23 3-1967. Aggrieved by the said judgment and decree, the defendants went up in appeal before th






















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