K.L.MANJUNATH, H.G.RAMESH
Saraladevi D/o Sukumar Poojary – Appellant
Versus
Patric Augustine D’Souza – Respondent
Manjunath, J.
1. The legality and correctness of the Judgment and decree passed by the Principal Civil Judge, (Sr.Dn.), Mangalore dt.20th September 2006 passed in O.S.No.125/95 is called in question in this appeal.
2. The appellant was plaintiff in the suit. The Respondent was the defendant before the court below.
3. The plaintiff filed the suit for partition and separate possession of her half share in the plaint schedule property and also for accounts. The plaint schedule property is a house property situated in an area of 28 cents in Sy.No.5/3 of Kodialbail village, Mangalore city enclosed with a compound along with the existing house, well, coconut trees, Mango and jack fruits trees. According to the plaint averments, the plaintiff is the daughter of one Smt. Lizza Pais. The plaint schedule property originally purchased jointly by the defendant and one Smt. Radhabai Krishna Bhat. Radhabai Krishna Bhat was a close friend of the plaintiff’s mother. Radhabai Krishna Bhat and the defendant Patric Augustine D’Souza had equal share in the plaint schedule property. The plaintiff’s mother being a Christian was married to a Hindu by name Sukumar Poojary. Out of the said wedlock,
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