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2006 Supreme(Kar) 91

ANAND BYRAREDDY
D. M. VENKATARAMANAPPA – Appellant
Versus
CHIKKADADDAPPA – Respondent


Advocates:
Smt. T.N. Manjula Devi,Manjula Devi,K.B. Venkata Reddy,Suguna R. Reddy,D.P. Shivaprasad

JUDGMENT

These two appeals by the same appellants are filed against a common order on I.A. Nos. II and III filed by them before the Trial Court.

2. The facts of the case are as follows.-

The appellants claim that they, along with the respondents, except respondent 4, constituted a Hindu Joint Family. It is stated that the father of appellant 1 had three wives. Appellant 1 and father of appellant 3 are children of Bhagyamma, the third wife. Respondents 1 to 3 are born to Chikka Akkayamma, the second wife. Dodda Akkayamma, the third wife of Munishamappa, did not have any children. During the lifetime of late Munishamappa, appellant 1 and one Muniyappa had filed O.S. No. 185 of 1975. The said Muniyappa, the plaintiff therein, and Munishamappa, defendant, had entered into a compromise and the suit was accordingly decreed in terms of the compromise. At para 15 of the compromise petition, it was' recorded as follows.-

"It is agreed that the eastern portion of Survey No. 88 measuring 2 acres 4 guntas is left for the maintenance of Chikka Akkayamma, the mother of defendants 1 to 3 and Dodda Akkayamma and they shall hold the said land for the their lifetime".

Dodda Akkayamma having died int





















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