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2013 Supreme(Kar) 153

ARAVIND KUMAR
Vishwaraj, Bangalore – Appellant
Versus
B. M. Byrappa, Bangalore – Respondent


Advocate Appeared:
For the Appellants:V.B. Ravishankar, Shanmukappa, M/s. Kesvy & Co. Advocates.
For the Respondents:A Vijaya Kumar Bhat, Shanmukappa, R9, Rehamathulla Shariff, R5(b), Rehmathulla Shariff, R2 to R5, R11a, R14, R15, Served, R8(a-c), R10, R11(b), R12, R13 & R16, Notice dispensed, R-6 (a & c-g), S.K.V. Chalapathy, Srinivas, Advocates, R-7 (a-e) Notice served.

Judgment :-

1. These appeals are filed by unsuccessful plaintiff and defendants-9 to 13 and 31 to 35 questioning the correctness and legality of the judgment and decree passed in O.S.No.1949/1989 by 28th Addl. City Civil Judge and Sessions Judge, Mayo Hall, Bangalore dated 29.01.2002 whereunder suit filed for partition and separate possession of 1/18th share in the suit property and enquiry into mesne profits came to be dismissed and claim of the defendants 9 to 13 and 31 to 35 for partition of suit schedule property also came to be rejected.

2. All these appeals are clubbed and heard together at the request of learned Advocates appearing for parties and & so on the ground that learned Advocates in unison have contended that facts and question of law involved are common in all these appeals. Hence, they are taken up together and disposed of by this common judgment.

3. I have heard arguments of Sri Shanmukhappa, learned Advocate appearing on behalf of all appellants and Sri. S.K.V. Chalapathi, learned Senior Advocate appearing on behalf of contesting 8th respondent. Perused the judgment and decree. This Court by order dated 10.03.2004 has observed that unserved respondents in RFA 71


































































































































































































































































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