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2012 Supreme(Kar) 1155

K.L.MANJUNATH
Kishor Kumar S/O K. Rangappa – Appellant
Versus
K. Narasimha Rao – Respondent


Advocates:
Advocate Appeared:
Mr. S.R. Hegde Hudlamane, For the Appellant

JUDGMENT

K.L. MANJUNATH, J.—The concurrent findings of the Courts below are called in question by the unsuccessful plaintiff in this appeal.

2. Heard the learned counsel for the appellant.

3. Facts leading to this appeal are as hereunder:

Plaintiff and defendants are the legal heirs of one Rangappa who was the owner of 20 cents of land in Sy. No. 113/11 of Kadekar village in Udupi. The suit was filed by him in OS No. 123/1994 on the file of the Additional Civil Judge (Sr. Dn.), Udupi claiming partition and separate possession of his 1/7th share in the suit property.

4. According to the plaint averments, the defendant Nos. 1 to 5 and deceased Kanya Kumari, whose husband is arrayed as Defendant No. 6 and Defendant Nos. 7 to 10 are the children of Rangappa. ‘A’ schedule property was granted to the deceased Rangappa by the Tahsildar, Udupi under grant order dated 19.10.1959 and that the plaintiff and defendants are the members of Hindu Joint Family governed by Mitakshara school of law. His father Rangappa was working as a Court Amin and died about 20 years ago and after his death his mother and other brothers are residing in ‘A’ schedule property and mother also died on 29.08.1992 and late





























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