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2010 Supreme(Kar) 326

N.KUMAR, A.N.VENUGOPALA GOWDA
N. V. Pushpalatha – Appellant
Versus
V. Padma – Respondent


Advocates Appeared:
For the Petitioner:L. Govindraj, Advocate.
For the Respondent:R1 to R4, R.B. Sadashivappa, K.G. Naik, Advocates.

Judgment :

N. Kumar J.,

This is a plaintiff’s appeal against the judgment and decree of the trial Court, granting her a decree for partition holding that she is entitled to 1/20th share in A, B and E Schedule properties and not 1/5th share in the suit properties as claimed by her.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The subject matter of the suit is five items of immovable properties. Two are urban properties and three are landed properties, which are more particularly described in the Schedule as, A, B, C, D and E schedule properties.

4. The case of the plaintiff is that her father, Sri D.N. Vasantha Kumar was the owner of all the suit schedule properties having acquired the same under the registered partition deed dated 29.03.1967. He died on 31.12.1984, inte state. He left behind him, his wife V. Padma the first defendant herein, the plaintiff and second defendant, the daughters and defendants-3 and 4, sons, as the legal heirs. All the children after his death have succeeded to his estate. They are all in joint possession of the suit properties. The plaintiff is entitled to 1/5th share in all the suit pr




































































































































































































































































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