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2012 Supreme(Kar) 1120

B.V.NAGARATHNA
Pandu – Appellant
Versus
Laxmibai C. Subhadra – Respondent


Advocates:
Advocate Appeared:
Mr. M.G. Naganuri, S.P. Patil, H. Ramachandra, for Appellant Nos. A1 (A to F) & A4 (A & B) A2 to A3, for the Appellant
Mr. Smt. Hemalekha, G. Balakrishna Shastry, for the Respondents, for the Respondent

JUDGMENT

MRS. B.V. NAGARATHNA, J.—This regular first appeal is filed by defendants No. 1, 7, 8 and 9 in OS No. 179/1994, assailing the judgment and decree dated 19.4.2003, by the III Addl. Civil Judge (Sr. Dn.), Belgaum. By the said judgment and decree the respondent-plaintiffs were held to be entitled to half-share in the suit schedule ‘B’ properties.

2. For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court.

3. The respondent-plaintiffs filed the suit seeking partition and separate possession of the ‘B’ schedule properties consisting lands, house and sites belonging to the joint family. Schedule ‘A’ is the genealogy of the joint family and during the course of arguments, the learned counsel have completed the genealogy by giving additional details. The same is extracted as follows:-

PROPOSITUS

Venkat (Died long prior to 1935)

Laxman (1st Son) Mahadeo (Died 4.11.1935) Savakka (Pre-deceased

(Died on 11.5.1947) Wife Nagubai (died on 16.9.1994) her brothers) No claim

Wife Lakshmi Bai

(Died in 1957)

Laxmibai (Plff-1) Shidduba








































































































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