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2011 Supreme(Kar) 785

A.S.PACHHAPURE
Shivanna – Appellant
Versus
Rangappa – Respondent


Advocates:
Advocate Appeared:
Mr. Ravishankar, C. Veerappa, K. Mahesh, For the Appellant.
Mr. G. Devaraju, for Respondent Nos. 1 and 2, Yoganarasimha, for Respondent No. 3, S. Hanumanthaiah, for Respondent Nos. 4 to 6, for the Respondent.

JUDGMENT

A.S. PACHHAPURE, J.—The unsuccessful plaintiff has filed these appeals challenging the judgment and decree of the Trial Court and also the Lower Appellate Court, in RA Nos. 12/2001 and 13/2001, dismissing his suit for declaration partition and separate possession.

2. As both these matters arise out of the same suit and appeals before the Courts below, they are taken together for consideration.

3. The parties are referred as per their rank before the Trial Court for the sake of convenience.

The appellant in both the appeals is the plaintiff in the suits instituted. The suit, properties are the house properties, agricultural lands, etc., described in the schedule to the plaint at S. Nos. l to 15. The plaintiff, defendant No. 1 and the 7th defendant are the sons and daughter of Thimmappa and Thimmavva. Defendants 2 to 6 are the sons of the first defendant. The father of the plaintiff, Defendant Nos. 1 and 7 died on 11.1.1988 leaving behind his wife Thimmavva, two sons and a daughter. They were the members of undivided Hindu joint family and were in joint possession of the properties mentioned in the schedule. The properties at item No. 1 (a), (b) and (c) were purchased by Thimmap


















































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