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2010 Supreme(Kar) 494

D.V.SHYLENDRA KUMAR, N.ANANDA
Phulavati – Appellant
Versus
Prakash – Respondent


Advocates appeared:
Sri V.P. Kulkarni, for Appellant;
Sri S.N. Patil, for Respondents-1 to 3, Smt. Hemalekha, for Sri G. Balakrishna Shastri, for Respondents-4 to 6, Respondent-7 service held sufficient, Sri Sachin S. Magadum, for Respondent-8, Sri KM. Nataraj, for Respondents-12, 9, 11, 13, 14, Respondent-17 to Respondent-19 are served, Sri-Basavaraj M.Mekki, for Respondent 10; Sri G. R. Andanimath, for Respondent-15.

JUDGMENT

D.V. Shylendra Kumar, J : The Plaintiff in O.S.No. 12/1992 on the file of the Additional Civil Judge (Senior Division), Belgaum is the appellant in this regular first appeal under Section 96 of the Code of Civil Procedure, being not fully satisfied with the judgment and decree dated 14.11.2006, wherein the plaintiff has met with partial success.

2. The appeal is for achieving the decree in terms of the prayer in the plaint. As things would have it, fortunes of the plaintiff have only brightened with the intervening law, particularly the amendment to Section 6 of the Hindu Succession Act in terms of the amendment Act No. 39/2005, which has been brought into effect from 09.09.2005 which governs the field and is applicable to the facts of the present case also and which has ensured the status of a coparcenar in a coparcenary property in favour of the plaintiff, a member of a Hindu joint family, a daughter who had been married for considerable number of properties comprised in as many as seven schedules and Schedule-A comprising 12 items, Schedule-B comprising 6 items, Schedule-C comprising 4 items, Schedule- D comprising 6 items, Schedule-E comprising 4 items, Schedule-F compri
















































































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