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2015 Supreme(Kar) 783

ANAND BYRAREDDY
D. Ramakrishna – Appellant
Versus
D. Balakrishna (Since Dead) By His L. Rs – Respondent


Advocate Appeared:
Sriyuths T.V. Ramanujan, Senior Advocate for B.V. Vidyulatha, B. Ramesh, K.G. Raghavan, Senior Advocate for Abhijit for J. Sagar Associates, Shanmukhappa for Kesvy and Company, T.P. Vivekananda, Deepti A. for Crest Law Partners, Sheetal Soni and B.G. Sriram, Advocates.

JUDGMENT :

These appeals are decided by this common judgment as they are preferred challenging the same judgment.

2. The appeal in RFA No. 460 of 2009 is filed by the plaintiff. The appeals in RFA Nos. 1219 and 1085 of 2009 are filed by the defendants 2 and 6(b) respectively.

3. The parties are referred to by their rank before the Trial Court for the sake of convenience.

4. The suit was filed seeking the relief of declaration that the plaintiff and defendants 1 to 6 were the absolute owners of the suit schedule properties and for partition and separate possession of the same. The suit properties were the land bearing Sy. No. 73 of Yeshwanthpur Village, Bangalore North Taluk, measuring 6 acres and 1 gunta and land bearing Survey No. 70/1 of Yeshwanthpura Village, Bangalore North Taluk, measuring 1 acre.

The plaintiff claimed that he was entitled to l/7th share in the suit schedule property. Defendants 1 to 5 were the brothers of the plaintiff and the defendant 6 was the mother of the plaintiff. M/s. Fire Bricks and Potteries Private Limited was arrayed as defendant 7.

It was the plaintiff's case that his father late V.L. Dhanram Modaliar and his father's brother V.L. Venugopal Modaliar ha


































































































































































































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