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2008 Supreme(Kar) 224

D.V.SHYLENDRA KUMAR
Muniyappa – Appellant
Versus
Kendamma – Respondent


Advocates appearing for:
Appellant: Sri K.V. Aravind, Adv. for Sri M.V. Seshachala, Adv.
Respondent: Sri N. Murali, Adv. for M/s. B. Veerappa and Associates, Advs.

JUDGMENT

D. V. Shylendra Kumar, J.

The second appeak is by the plaintiff in as No. 174/1984, whose suit for declaration, possession and mesne profits in respect of as many as 12 parcels of agriculture lands and one house property, had been substantially decreed, in the sense, except for one parcel of agriculture land in item No. 10, the suit was also declared that he was entitled to recover possession from the defendant No.2, but that decree having been reversed by the lower appellate Court in Regular Appeal No. 3811992 preferred by the 2nd defendant in the suit and the lower appellate Court having denied the half share in respect of several suit items, though had been decreed by the trial Court particularly indicating that the plaintiff was not entitled for any share in respect of suit items No.1, 3, 4, 6, 11 and 12 in terms of its judgment and decree dated 211.1996 this appeal by the plaintiff to get back the decree as originally granted by the trial Court.

2. The case of the plaintiff was that he is the grandson of one Nanjappa through Nanjappas pre-deceased daughter Channakka; that at the time of the death of his grandfather he was a minor that his grandfather Nanjappa and one Ven














































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