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1994 Supreme(Kar) 98

C.SHIVAPPA, R.V.VASANTHA KUMAR
MANGALA – Appellant
Versus
JAYABAI – Respondent


Advocates:
C.H.JADHAV, K.VISHVANATHA RAO, R.U.Goulay, S.K.Joshi, V.P.KULKARNI

VASANTHAKUMR, J.

( 1 ) THE appeal is directed against the judgment and decree passed in O. S. No. 3/1975 on the file of the Civil Judge, Belgaum wherein the suit is filed by one Mangala daughter of Virupax Deshpande seeking for partition of 1/4 share in the suit schedule properties, she having succeeded to the estate of her late father Virupax Deshpande who died intestate leaving behind wife Smt. Jayabai and three daughters inclusive of the plaintiff was dismissed. The Geneological tree of the family of Virupax Deshpande being- few facts to briefly state are:

( 2 ) DURING the lifetime of Virupax Deshpande, the schedule properties were joint Hindu family properties at the hands of Virupax Deshpande. Virupax Deshpande dies on 30-4-1962 intestate leaving wife and daughters as mentioned in Geneological tree as his legal representatives and at the time of his death plaintiff and second and third defendants were minors and first defendant was acting as natural guardian of her minor daughters and also was managing the suit schedule properties. The first defendant wife of Virupax Deshpande and mother of plaintiff and second and third defendants sold away all the family properties and the pl
















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