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2013 Supreme(Kar) 269

ANAND BYRAREDDY
Lakshmamma – Appellant
Versus
A. Puttaswamy – Respondent


Advocates Appeared:
For the Appellant:V.B. Shivakumar, Advocate.
For the Respondents:R1, Gangadhara Aithal, R3 & R8, D. Nagaraj, Advocates.

JUDGMENT

1. Heard the learned counsel for the parties.

2. The parties are referred to by their rank before the trial court for the sake of convenience.

3. The first respondent was the plaintiff. The suit was for partition and separate possession of the suit property. It was the case of the plaintiff that he and the defendants constituted a Joint Hindu family. It was asserted that Appaji, the father of the plaintiff, had purchased the suit property as a house site, as on 27.10.1958. Appaji is said to have died in the year 1959.

Defendant no.1, Lakkamma @ Lakshmamma, was the mother of the plaintiff. Defendant no.2, Gowramma and Defendant no.8, Lakshmamma, were the sisters of the plaintiff. Defendant 3, Kenchamma was the widowed sister-in-law (wife of late Krishnappa who died in the year 1988). Defendants 4 and 5 were the son and daughter, respectively, of Kenchamma. Defendant no 6, Sudhakara was the brother of the plaintiff. Defendants 7(a) and 7(b) were the widow and son of Ramu, a deceased brother of the plaintiff, who died during the pendency of the suit.

It was claimed that after the death of Appaji, the mother of the plaintiff and his brother Krishnappa were managing the family.






























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