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2017 Supreme(Kar) 419

RAVI MALIMATH, K.SOMASHEKAR
Durgavva Siddaramappa Sudi – Appellant
Versus
Annapoornavva Hanamantappa Nidagundi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. M.C. Bandi, M.N. Patil

JUDGMENT :

K. Somashekar, J.

The appellants, who were the plaintiffs in O.S. No. 17 of 2014 on the file of the Senior Civil Judge and JMFC, Ron, have tiled this appeal challenging the judgment and decree passed by the Court below insofar as it relates to the shares awarded to the plaintiffs-appellants and have sought for awarding l/8th share to each plaintiffs-appellants, that is, total half share to the plaintiffs jointly in all the suit properties.

2. Though the matter is listed for admission, the same is heard on merits with the consent of learned counsel for the appellants.

3. The rank of the parties shall be maintained as they were referred to before the Court below.

4. The factual matrix of the case are as under:

That one Sri. Mukappa Yallappa Nidagundi had four sons and four daughters by name (1) Doddavallappa, (2) Huchchirappa, (3) Sannayaliappa. (4) Shivamurteppa (defendant No.24), (5) Durgawa (plaintiff No.1), (6) Mahadevi (plaintiff No.3), (7) Sannadurgawa (plaintiff No.4) and (8) Sundrawa. Smt. Sundrawa is no more and plaintiff No.2 is her grand-daughter. As per the genealogy furnished by the plaintiffs in paragraph No.3 of the plaint, defendant Nos.l to 7 are the children of







































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