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2003 Supreme(Kar) 807

K.SREEDHAR RAO
VENKATARAMANA ALIAS VENKAPPA ANNAYYA HEGDE (SINCE DECEASED BY L. R. ) – Appellant
Versus
GANPATHT – Respondent


Advocates:
K.N.PHANINDER, Laxminarayana Hegde, M.B.NARGUND

K. SREEDHAR RAO, J.

( 1 ) THE present case stares as glaring example of the laws delay denting the image of the system. The litigating parties almost have completed the substantial life span and the litigation is almost at the verge of celebrating golden jubilee.

( 2 ) THE names of the ancestors are bit confusing because several persons bear similar names. One Venkappa is the propositus dies leaving behind two sons by name Venkappa and Ganpaiah @ sannappa. The first son Venkappa has two sons by name Dodda Venkappa and naranappa. The progeny of the latter becomes extinct. Dodda Venkappa adopts the plaintiffs father who is none other than the natural brother of the first defendant. In the branch of Ganapaiah @ Sannappa there are three sons namely (1) Devappa (2) Sanna venkappa. (3) Thimmaraya who died issue-less. The children of Devappa branch remained separate. The first partition in the family takes place in the year 1885 granting shares to Dodda Venkappa, Devappa and sanna Venkappa. The plaintiffs father was taken in adoption by Dodda Venkappa. During minority of plaintiffs father Annalah, dodda Venkappa died. The natural mother of Annalah predeceased her husband thereby his natura



















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