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2006 Supreme(Kar) 254

K.L.MANJUNATH
VEERABHADRAYYA R HIREMATH – Appellant
Versus
IRAYYA A. F. BASAYYA HIREMATH – Respondent


Advocates:
NARAYAN V.YAJI

MANJUNATH, J.

( 1 ) THIS is a plaintiffs second appeal. The appellants are the LRs of one Veerabhadrayya R hiremath who was the plaintiff in O. S. No. 46/92 before the Civil Judge, (Jr. Dn) Kalghatagi. The plaintiff filed the suit against the defendant to declare the adoption of the filed the suit against the defendant and void and does not bind the plaintiff.

( 2 ) ACCORDING to the plaint averments, the defendant is the son of one Shivappa Murolli of astakatti village and is a Lingayat by caste. The plaintiff had a maternal uncle by name Basayya chanaveerayya Viraktmath, who died six years prior to the filing of the suit. The plaintiff and deceased Basayya are Jangams by caste. Except the plaintiff deceased Basayya had no other relatives. According to him, he is in lawful possession and enjoyment of the properties of basayya since he is the only legal heir. According to him, Basayya was an illiterate old man and was incapable of understanding and managing his affairs. Therefore, he was taking the help of yellappagouda who was the Police-Patil of Astakatti village and Basayya had reposed full confidence in Police-Patil. Police-Patil obtaining the signature of Basayya on some Blank
















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