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2016 Supreme(Kar) 164

S.ABDUL NAZEER
M. Narayana – Appellant
Versus
Ramakka – Respondent


Advocates Appeared:
For the Appellants : Nalini Chidambaram, S. Kalyan Basavaraj
For the Respondents: G.L. Vishwanath

ORDER :

S. Abdul Nazeer, J.

1. First respondent/plaintiff filed the suit O.S. No. 4349/1986 against the appellants and respondent Nos. 2 to 4 on the file of 15th Additional City Civil Judge, Bangalore City, for partition and separate possession of the suit schedule properties. Respondent Nos. 2 to 4 are defendant Nos. 1, 4 and 5. The suit was decreed by the trial Court on 7.3.2003 by granting the first respondent/plaintiff 1/6th share in the suit schedule properties. The appellants/defendant Nos. 2 and 3 have challenged the said decree in this appeal.

2. This Court allowed the appeal in part on 21.7.2008 by holding that plaintiff/first respondent is entitled for 1/5th share in the suit schedule properties.

3. The appellants filed SLP (Civil) No. 21814/2008 before the Hon'ble Supreme Court challenging the said decree. Special leave was granted in the said case and the matter was registered as Civil Appeal No. 13686/2015. During the pendency of the appeal, respondent No. 1-Smt. Ramakka died. An application I.A. No. 2 filed by other parties to the suit to come on record as her L.Rs was allowed by the Supreme Court. Kumari Thejeswani Shantha Kumar, the applicant in I.A. No. 4/2016 had also




































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