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2011 Supreme(Kar) 794

A.S.PACHHAPURE
Chinnappa Reddy – Appellant
Versus
C. Nanjundappa – Respondent


Advocates:
Advocate Appeared:
Mr. B.C. Rajeeva, For the Appellant.
Mr. V.F. Kijmbar, For the Respondent.

JUDGMENT

A.S. PACHHAPURE, J.—The unsuccessful defendants have approached this Court in second appeal challenging the judgment and decree granting 1/2 share to the respondent in the suit properties and to effect the division by metes and bounds.

2. The facts relevant for the purpose of this appeal in brief are as under:

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

The appellants herein were the defendants, whereas, the respondent is the plaintiff who instituted a suit for partition and separate possession of two Items of properties, i.e., S. No. 1/2 measuring 0.12 guntas and S. No. 1/19 measuring 1 gunta with the boundaries described in the schedule to the plaint. The plaintiff and father of defendants are the full brothers. The father of the defendants was the eldest member in the family and they were living jointly and it. is claimed that the father of the defendants being the eldest member was managing the affairs of the joint, family and in view of some differences amongst the members, there was a partition between the parties under the registered partition deed dated 17.7.1974. In the said partition, the suit properties were n



























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