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1985 Supreme(Kar) 191

P.A.KULKARNI
TARA BAI – Appellant
Versus
V. S. KRISHNASWAMY RAO – Respondent


Advocates:
G.BALAKRISHNA SHASTRI, R.J.BABU

P. A. KULKARNI, J.

( 1 ) THIS is a revision by defendant 2 against the order dated 19-3-1982 passed by the I Additional Civil Judge, Mysore, in F. D. P. No. 18/80 (O. S. No. 192/77) dismissing I. A. Nos. 3 and 5.

( 2 ) THIS is an unfortunate litigation between the brother and the sister over a piece of property left by their father.

( 3 ) ONE Srinivasarao died leaving behind him his widow defendant 1 and two daughters defendant 2 Tara Bai and defendant 3 Shanta Bai and a son Krishnaswamy Rao plaintiff. The plaintiff filed a suit - O. S. No. 192/77 - for partition and possession of his 5/8th share in the suit property. Later on a joint Memo signed by all the parties and their advocates was filed in the suit on 21-9-1979 stating that the plaintiff Krishnaswamy Rao was entitled to 5/8th share and each of defendants 1 to 3 was entitled to 1/8th share. Accordingly, a preliminary decree in terms of the joint Memo was ordered to be drawn up on 21-9-1979. Thereafter an application for final decree in F. D. P. No. 18/80 was filed by the plaintiff on 16-8-1980. The present revision petitioner-defendant 2 appeared in the decree final proceedings and consented on 13-2-1981 to the appointment of












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