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2001 Supreme(Kar) 654

P.VISHWANATHA SHETTY, V.G.SABHAHIT
VIRUPAKSHAPPA MALLESHAPPA – Appellant
Versus
AKKAMAHADEVI – Respondent


Advocates:
Nalini Venkatesh, PRABHULING K.NAVADGI

VISHWANATHA SHETTY, J.

( 1 ) APPELLANTS 1 to 5 in this appeal were defendant 1 to 4 and 7 respectively. In this appeal they have called in question the correctness of the judgment and decree dated 22/06/1995 made in O. S. No. 2 /1990 by the Court of Civil Judge at Koppal.

( 2 ) THE parties, in the course of this judgment, will be referred to with reference their respective ranking before the trial Court.

( 3 ) BRIEF facts of the case, which may be relevant for the disposal of this appeal, may be stated as hereunder : (A) Respondents 1 and 2 filed suit O. S. No. 2/1990, on the file of the Court of Civil Judge at Koppal seeking for partition and award of possession of their one-fourth share in the suit schedule properties and also for future mesne profits from the date of the suit till they are put in possession of the suit schedule properties. (B) The plaintiffs and defendan -6 are the daughters of one Sidramappa Sanklapur. Defendant -5 is the wife of the said Siddaramappa Sanklapur. According to the case set up by the plaintiffs, one Malleshappa Sanklapur was the propositus of the family, and he has four sons viz. , the aforesaid Sidramappa Sanklapur, Gurusiddappa, Shankarappa and















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