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2001 Supreme(Kar) 462

K.L.MANJUNATH
G. S. SADASHIVA – Appellant
Versus
M. C. SRINIVASAN – Respondent


Advocates:
B.Krishanppa, D.VIJAYA KUMAR, M.R.Vanaja, SHANTHA CHELLAPPA

K. L. MANJUNATH, J.

( 1 ) R. F. A. 716/1997 is filed by the 1st defendant. R. F. A. 634/1997 is of the 2nd defendant. These two appeals are arising out of common judgment passed in O. S. No. 1058/1995. The respondent No. 1 filed a suit against the defendants to declare that he alone is entitled to succeed to the estate of late Smt. Bharathi and for a perpetual injunction to restrain the defendants 2 to 7 from making any payments to defendant No. 1.

( 2 ) AS per the plaint averments, 1st defendant who is the appellant in the first appeal is the father-in-law and that the plaintiff married the daughter of Sadashiva, G. S. Bharathi on 4-4-1986 at Bangalore. At the time of marriage, the plaintiff was working as Assistant Manager in N. G. E. F. , Bangalore and that Bharathi was working as a teacher in Government High School. On 21-11-1987, the plaintiff's wife committed suicide. After the death of his wife, at the instance of the 1st defendant, he was also charge-sheeted under Sections 308 and 498-A of IPC in S. C. No. 231/91 and that he was honourably acquitted by the Sessions Court. Against the Judgment of the Sessions Court, the Government had also filed an appeal before the High Cour











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