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2010 Supreme(Kar) 650

D.V.SHYLENDRA KUMAR, N.ANANDA
SAROJAMMA – Appellant
Versus
A. MANJULA – Respondent


Advocates Appeared:
Sri M.K. Bhaskaraiah, Advocate for Appellants;
Sri Krishnamurthy G. Hasyagar, Advocate for Respondents.

JUDGMENT

This regular first appeal is under Section 96 of the Civil Procedure Code, 1908 by the defendants in O.S. No. 121 of 2000 on the file of Court of Civil Judge (Senior Division), Chikmagalur, who were aggrieved by the judgment and decree passed by the Trial Court awarding each of the plaintiffs in the suit, being four in number, 8/35th share in the joint family properties belonging to the family of the parties as described in schedule to the plaint.

2. Appeal is for the reason that the defendants are not liable to yield the share as decreed by the Trial Court for the reason that the propositus of the joint family of late Lakshmegowda, the husband of the first plaintiff and also claiming to be the husband of the 1st defendant and the father of rest of the parties; that plaintiffs 2, 3 and 4 are the children through the 1st plaintiff-wife and defendants 2, 3 and 4 are the children of Lakshmegowda through the 1st defendant/second wife. The said Lakshmegowda had left behind a Will under which the plaintiffs' entitlement was restricted to about 19 acres of agricultural land which he had bequeathed in favour of the 1st wife. The properties being the self-acquired properties of late

























































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