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2005 Supreme(Kar) 573

S.R.NAYAK, RAM MOHAN REDDY
RANGANAYAKAMMA – Appellant
Versus
K. S. PRAKASH (DECEASED) BY L. RS. – Respondent


Advocates appeared
Sri R Narayana, Advocate for Appellant-1;
Sri G.S. Visweswara, Senior Counsel for Sri G.A. Srikantegowda for Appellant-2;
Sri Narayana Pendalkar, Advocate for Respondent-1(a);
Sri C.M. Ponacha, Advocate Lex Pertise for Respondent-1(b);
Respondent-1(c) served through paper publication;
Sri V.H. Ron, Advocate for Caveator-Respondent-2;
Respondents-3 to 10 are deemed to have been served;
Sri B. Veerappa, Advocate for Respondent-4;
Sri B.Y. Badrinath, Advocate for Respondent-5;
Sri M. Parthasarathy and Sri S.W. Ambatti, Advocates for Respondents-5 to 7;
Respondents-8 and 9 are served;
Respondent-11 is transposed as Co-appellant.

JUDGMENT

This appeal is by the plaintiffs calling in question the legality and validity of the judgment and decree dated 27-5-1997 passed in O.S. No. 1760 of 1990 on the file of the XII Additional City Civil Judge (CCH 14), Bangalore.

2. The plaint averments, in brief, are:

Appellants and respondents 3 to 8 are daughters while respondents 1 and 2 the sons of late K Srinivasulu. Respondents 9 and 10 are the tenants of item Nos. 2 and 3 of the suit schedule immovable properties, respectively

3. The suit is one for partition and separate possession of 1/10th share each of the plaintiffs, in the suit schedule properties and 1/10th share each, in their mother's 1/3rd share, in item No.2 to the suit schedule properties. Sri K Srinivasulu did originally hail from Dhannavaram, in Cuddappah District of Andhra Pradesh, and having set up business in Bangalore, was eventually a successful silk and cloth merchant. The said K Srinivasulu died intestate on 22-12-1970 leaving behind extensive properties both movable and immovable said to have been acquired out of his self-exertion, in addition to substantial interests in business undertakings, earning huge profits. The plaintiffs assert that when









































































































































































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