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2008 Supreme(Kar) 186

S.R.BANNURMATH, A.N.VENUGOPALA GOWDA
Nanjamma – Appellant
Versus
Akkayamma – Respondent


Advocates appearing for:
Appellant: A. Madhusudhan Rao, Adv.

ORDER

S. R. Bannurmath, J.

In this appeal, Scrutiny Branch has raised objection regarding deficiency of Court-fee paid by the appellant on the memorandum of appeal and as the appellant took exception to the objections, the matter was placed before the Court.

2. We have heard the learned Counsel on both sides and perused the record.

3. In order to appreciate the rival contentions it is necessary to note the brief facts giving rise to the present appeal.

4. The appellant/plaintiff has filed the O.S.No.5085/2001 against the respondents for partition and separate possession in the suit schedule properties, on the ground that the properties were self acquired properties of her deceased father Shri Bachappa. It was contended that said Shri Bachappa died intestate leaving behind the plaintiff along with three sisters and two brothers. It was contended that as there was no partition and inspite of repeated requests and demand, the brothers have denied the share and she is forced to file the suit. It was also alleged that as the brothers have alienated some properties and also intend to dispose remaining properties, she is entitled to permanent injunction. In the suit, she has also impl



































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