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2013 Supreme(Kar) 1397

K.L.MANJUNATH, S.N.SATYANARAYANA
Nimbavva – Appellant
Versus
Channaveerayya – Respondent


Advocates Appeared:
For The Appellant : N.S. Kini, Adv.
For The Respondent: N.P. Vivekmehta, Adv.

JUDGMENT

K.L. Manjunath, J.

1. By consent of both the counsel for the parties, the appeals are heard together.

2. RFA No. 4150/2012 is filed by the plaintiffs and RFA No. 4025/2013 is filed by defendants 1 to 9 in O.S. No. 45/2010 before the Senior Civil Judge, Haveri.

3. For the sake of convenience, the parties would be referred to as per their status before the Court below.

4. Plaintiffs 1 to 4 are the married daughters of one Gurushantayya and Gurushantavva. Gurushantayya died intestate on 04/01/1974. Defendant No. 1 is the 3rd son of Gurushantayya and Gurushantavva. Defendant No. 5 is the widow of second son of Gurushantayya by name Chidanandayya and defendant Nos. 2 to 4 are the children born to Chidanandayya and Ratnavva. Defendant No. 6 is the widow of one Chandrashekarayya and defendants 7 to 9 are the children born to Chandrashekarayya and Girijamma.

5. The plaintiffs filed the suit for partition and separate possession claiming 1/7th share each in the suit schedule properties. According to them, deceased Chandrashekarayya, Chidanandayya, defendant Channaveerayya and plaintiffs are the children born to Gurushantayya and Gurushantavva and after the death of their parents, plainti








































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