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1960 Supreme(Kar) 80

K.S.HEDGE, MIR IQBAL HUSAIN
Raviappa – Appellant
Versus
Nilakanta Rao – Respondent


Advocates:
Advocate Appeared:
Mr. Javali, S.B. Jahagirdar, C.B. Mothiya, for the Appellant
Mr. Purushothamdas, Tricumdas, N.C. Mahajan S. Sardar, Mohan Kumara Mangalam, C.B. Motaiya, C.M. Desai, M.S. Sardar, for the Respondent

JUDGMENT

Hedge, J.—These appeals are companion appeals. They can be beat dealt with in one judgment. Rs.. A. No. (B) 56/56 arises out of Special Civil Suit No. 38 of 1949 on the file of the learned civil judge (Senior Division)at Bijapur. B.A. No. (B) 57/58 arises out of the decision in special Civil suit No. 5 of 1949 on the file of the same Judge. They had been tried together and disposed of in one judgment by the Court below.

(2) The first plaintiff is S. C. S.. No 5/49 and the plaintiff in S.C. S. No. 38/49 claim to have been adopted to the family of the Nadgoudas of Baldion- a rich family of Watandars. In the course of this judgment 1 shall refer to the parties its arrayed in SCS No. 5/49. The first plaintiff in that suit (2nd plaintiff has died prodding trial) is the appellant in R.A. No. The fourth defendant in that suit (who is the plaintiff in SCS No. 38/49) is the appellant in R.A. No. (B) 56/56. Hereinafter reference to the 'plaintiff' means the first plaintiff in SCS Nos. 5/49. When occasion arises to make any reference to the second plaintiff. The evidence oral and documentary was mainly received in SCS No. 5/49. Hence when reference is made to witnesses or Exhibits duri
























































































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