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1985 Supreme(Kar) 55

K.J.SHETTY, M.P.CHANDRAKANTARAJ
GANAPATI SANTARAM BHOSALE – Appellant
Versus
RAMACHANDRA SUBBARAO KULKARNI – Respondent


Advocates:
A.V.Albal, D.P.Desai, P.Krishnappa

CHANDRAKANTARAJ, J.

( 1 ) THESE two appeals are directed against the judgment and decree dated March 27, 1975 of the Prl. Civil Judge, Bijapar, in o. S. No. 75/1972 on his file. RFA. No. 87/75 has been preferred by defendants 5 and 6 RFA. No. 90/1975 has been preferred by defendant-4.

( 2 ) THE facts leading to the present appeals may be briefly stated as follows :- plaint was presented by respondent-1 before us, who was the plaintiff in the court below, claiming partition of plaint schedule 'a', 'b' and 'c' properties and separate possession of his share as well as for declaration that alienation of properties in favour of appellants and others, who had purchased the same from defendants 1 to 3, to be not binding on him. Plaint schedule 'a' properties consisted three survey numbers, i. e. , Sy. Nos. 933, 934 and 699 of Torvi village in bijapur Taluka measuring 22 acres 32 guntas, 18 acres 30 guntas and 17 acres 06 guntas respectively. The first of the lands mentioned was valued at Rs. 40,000/-, the second at Rs. 30,000/- and the third at rs. 50,000/ -. Plaint 'b' schedule property consisted of a house situated at bijapur in Ward No. 1 measuring 110 sq. yards bearing OTS. No. 1728



















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