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2015 Supreme(Kar) 298

A.V.CHANDRASHEKARA
M. V. Narayan – Appellant
Versus
S. Suguna – Respondent


Advocates Appeared:
For the Appellant:M.S. Bhagwat, Advocate.
For the Respondents:R1, K. Ranganathappa, R2 TO R5, R. Prashanth, Advocates.

JUDGMENT :-

1. The present appeal filed under Order XLIII Rule 1(u), C.P.C. by this appellant is directed against the final order passed in R.A.195/13 dated 25.1.2014 which was pending on the file of Principal District Judge, Bangalore Rural.

2. Appellant herein is the 5th defendant in O.S.305/11. The 1st respondent herein is the lone plaintiff in the said suit. The remaining respondents are defendants 1 to 4 in the said suit. Parties shall be referred to as plaintiff and defendants as per their ranking in the trial court.

3. Plaintiff is the grand daughter of Siddamma, w/o Gurappa and daughter of 2nd defendant-Siddaraju. Defendant no.3 is the brother of the plaintiff and defendant no.4 is the younger sister of the plaintiff. The 5th defendant was subsequently impleaded on an application being filed under Order I Rule 10, C.P.C. by the plaintiff.

4. According to the plaintiff, herself and defendants 1 to 4 constitute a joint family and the suit schedule property measuring 2 acres in Survey No.43 of Thammenahalli village of Dasanapura Hobli, Bangalore North Taluk, as described in the schedule appended to the plaint, is the ancestral property of the joint family.

5. Defendants 1 to 4 file





















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