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2007 Supreme(Kar) 704

V.JAGANNATHAN
SRI VEERAYYA MAHANTAYYA KOPPAD – Appellant
Versus
SMT. GEETHA W/O GANGADHAR HIREMATH – Respondent


Advocates appearing for:
Appellant : F.V. Patil, Adv.
Respondents: Sri Anand K Navalgimath, Mahesh R. Uppin & S.N. Rajendra, Advs.

JUDGMENT

V. Jagannathan, J.

1. The appellants herein were the plaintiffs before the trial court in O.S.No. 101/1996 and the said suit filed by them for partition and separate possession of their share in the suit schedule properties came to be dismissed by the trial court and hence this first appeal by them.

2. The case of the plaintiffs before the trial court can be indicated first by referring to the genealogical table which the plaintiffs themselves have described in their plaint and the said table is as under:

Sangavva Somayya Shiddayya Sattigeri Shanthabai

(Died in 1938-39) (Died in 1968) (Died in 1990)

Muktha Geetha Kom Gangadhara

(Died in 1964) Hiremath (Defendant-1)

Veerayya Smt. Gurudevi Smt. Akkamahadevi Basavaraj

Mahantayya Kom Shiva Kom Shanthayya Mahanthayya

Koppada Putrayya Hiremath Suragimath Koppada

(Plft-1) (Plft-3) (Plft-4) (Plft-2)

3. It is the specific case of the plaintiffs that they, being the children of Muktha, are entitled to their share in the suit schedule properties because, following the death of the original propositus Somayya, only the plaintiffs and the first defendant were left behind and as the suit properties were the joint family properties of the

























































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