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2018 Supreme(Kar) 604

SREENIVAS HARISH KUMAR
Poorna Singh, S/o. Late Anantharam Singh – Appellant
Versus
Rukkubai, W/o. Late Balaji Singh – Respondent


Advocates Appeared:
For the Petitioners:Sri. Abhinav R, Advocate.
For the Respondents: Sri Vishwajith Rai Adv., Sri Mohammed Sadiq, Adv., Sri Vijay Krishna Bhat, Adv., Sri A. Gopalaiah, Adv.

JUDGMENT :

1. This appeal is by the defendants No. 4 and 5 in O.S.200/1985 on the file of the I Additional Civil Judge (Junior Division), KGF. They have challenged the judgment of the Senior Civil Judge, KGF, in RA 47/2001, who reversed the judgment of dismissing the suit for partition and granted decree of partition holding that the plaintiff is entitled to 1/3rd share in the suit schedule properties.

2. The original plaintiff Rukkubai was the widow of one Balaji Singh. The first defendant Anantharam Singh, the second defendant Krishna Singh, the third defendant Rukkubai and Balaji Singh are all children of Hanuman Singh. The plaintiff sought partition of suit schedule properties which according to her belonged to the joint family being managed by the first defendant. At the inception of the suit, the plaintiff claimed partition only in respect of four items and after the amending the plaint, she included one more property at Sl. No. 2A in Sy. No. 6 measuring 4 acres. After the death of plaintiff, her daughter Saroja Bai came on record.

3. The defendants contended that none of the suit schedule properties belonged to the joint family. The first item of the schedule was the self acqui


































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