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2012 Supreme(Kar) 141

K.L.MANJUNATH, K.GOVINDARAJULU
S. Arjun Rao Birje – Appellant
Versus
S. Vittal Rao Birje – Respondent


Advocates appeared:
For the Petitioners:V. Vijayalakshmi, Advocate.
For the Respondents:K. Suryanarayana Rao, Advocate.

Judgment :-

MANJUNATH, J

1. The appellants are questioning the legality and correctness of the judgment and decree passed in O.S.No.118/2004 by the I Addl. City Civil and Sessions Judge, Bangalore, dated 20th April 2008.

2. The facts leading to filing of this appeal are hereunder:

According to the plaint averments, one Narve Somoji Rao, was the full and absolute owner of the plaint schedule property. He had no male issues and died intestate. He died leaving behind him his wife Ladu Bai and daughter -Ganga Bai, who was the mother of the plaintiff and defendant. It is also his case that in addition to the plaintiff and defendants, their mother had three daughters by name Kousalya Bai, Muktha Bai and Kasturi Bai and they married prior to 1990. The maternal grand father -Narve Somoji Rao died in the year 1932 leaving behind him his widow -Ladu Bai and only daughter -Ganga Bai, who is the mother of the parties. It is also his case that Ladu Bai -grand mother of the parties died in the year 1956 leaving behind her only daughter -Ganga Bai, who succeed the estate of Narve Somoji Rao. On the ground that Ganga Bai died on 20.3,1976, the plaintiff and defendants being the sons of Ganga Bai ar























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