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2001 Supreme(Kar) 846

K.SREEDHAR RAO
N. S. Venkatachalaiah Setty – Appellant
Versus
Adinath Jain Swetamber Temple – Respondent


Advocates:
Advocate Appeared
Mr. D.L.N. Rao, for the Appellant
Mr. S. Nanjundaswamy, R.B. Sadashivappa, K.M. Chandraprasad, for the Respondent

JUDGMENT

K. Sreedhar Rao, J.—The appeal filed against the judgment and decree passed by the XIX Additional City Civil Judge, Bangalore in Original Suit No. 1015 of 1983. The suit came to be dismissed. The appellant is the Plaintiff in the suit filed for partition and separate possession of 1/6th share in the suit property and also for mesne profits. The facts involved in the suit project the riddled situation in law. According to Plaintiff, 1/6th share in the suit property was purchased by her in a Court auction held in Execution Case No. 1036 of 1968 arising out of O.S. No. 505 of 1964. The entire suit property claims to have been purchased by the first Defendant in Execution Case No. 186 of 1969 arising out of O.S. No. 225 of 1964.

2. The suit O.S. No. 505 of 1964 was filed by the 4th Defendant against his creditors for recovery of money.

3. Against one A.P. Padmanabhaiah one of the members of the family a decree is obtained in O.S. No. 225 of 1964, a suit was filed by the 4th Defendant for recovery of money of Rs. 3,000/- in O.S. No. 505 of 1964. The said suit came to be decreed. The 4th Defendant having obtained the decrees one against Padmanabhaiah one of the members of the famil



































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