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2012 Supreme(Kar) 1139

B.MANOHAR
Jayamma W/o Late Gurumurhty Gowda Aged About 66 Years – Appellant
Versus
Ankegowda – Respondent


Advocates:
Advocate Appeared:
Mr. R. Om Kumar, Sri. Kempanna, for the Appellant
Mr. K.V. Narasimhan, for the Respondent

JUDGMENT

B. Manohar , J.—Appellants are the defendants 1 to 5, 6 and 7 in O.S. No. 123/1999, being aggrieved by the Judgment and decree dated 24-9-2005 passed by the Principal Civil Judge (Sr. Dn.) and JMFC at Srirangapatnam, wherein the suit filed by the plaintiff is decreed, the appellants have filed these appeals. Since the common question of law and facts are involved in these appeals and the common order passed in O.S. No. 123/1999 has been challenged in these appeals, both the appeals are clubbed together and disposed by this common order.

2. The plaintiff filed a suit seeking for partition and separate possession of half share in the suit 'A' schedule properties and also seeking for declaration declaring that he is the owner of 'B' schedule property and for recovery of possession with mesne profits and costs.

3. In the plaint, it is contended that one Ankegowda was the propositus of the family and he had a son by name Ankegowda and a daughter Ankamma. The son Ankegowda had a son by name Gurumurthy Gowda through his first wife. After the death of first wife, Ankegowda married Chikkathayamma and got a son by name Ankegowda, who is the plaintiff in the suit. The said Ankegowda die
























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