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2018 Supreme(Kar) 1102

L.NARAYANA SWAMY
Channamma W/o Late H. Chinnaiah – Appellant
Versus
Gangamma Dead by Lrs – Respondent


Advocates Appeared:
For the Appellant : Sri. L. Raja, Adv.
For the Respondent: Sri. H.N. Shashidhara, Adv. For M/s Kesvy & Co. Adv.

JUDGMENT :

This appeal is filed by the plaintiffs in O.S. No.284/2000 on the file of the Civil Judge (Sr.Dn.) at Maddur being aggrieved by the judgment and decree dated 19.11.2005 dismissing the suit for partition and separate possession of the suit properties.

2. The parties would be referred to as per their rank in the suit itself for convenience.

3. The brief facts of the case are that one Hanumanthaiah was the propositus. He got two wives namely, Channamma and Naramma. Through the first wife, he got five children and through second wife, two children. Wife and son of Chinnaiah, the third child through first wife as plaintiffs No.1 & 2 and first child through second wife, as plaintiff No.3, they filed the suit O.S. No.284/2000 for partition and separate possession on the ground that suit schedule properties are ancestral properties of deceased Hanumanthaiah. After his death, his 2nd wife also died and prior to her 1st died. Later plaintiffs and defendants are legal representatives of deceased Hanumanthaiah and got right over the suit schedule properties. After the death of Hanumanthaiah, husband of first child i.e., Venkataiah, an eldest member started managing the properties, got















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