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2019 Supreme(Kar) 967

K.S.MUDAGAL
Majjige Nagarajappa – Appellant
Versus
Kotramma @ Veerabasamma – Respondent


Advocates:
Advocate Appeared:
Gopal R, Adv., D.P. Mahesh, Adv., S. Vishwajith Shetty, Adv.

JUDGMENT :

K.S. Mudagal, J.

This regular second appeal of defendant Nos.1 and 4 arises out of judgment and decree dated 03.11.2014 in R.A.No.83/2010 passed by II Additional District & Sessions Judge, Davanagere.

2. By the impugned judgment and decree, the First Appellate Court dismissed the appeal of the appellants and confirmed the judgment and decree dated 01.07.2010 passed by Senior Civil Judge, Harihar in O.S.No.164/2003. By the said judgment and decree, the trial Court decreed the suit of the plaintiff for partition and separate possession of her 1/7th share in the suit schedule properties.

3. Respondent No.1 was plaintiff. Appellant Nos.1 and 2 were defendant Nos.1 and 4. Respondent No.2 were defendant No.2. Respondent Nos.3 to 6 were legal representatives of deceased defendant No.3 Majjige Manjappa. Defendant No.5 in the suit was wife of propositus Majjige Murigeppa.

4. For the purpose of convenience, parties will be referred to henceforth with their ranks before the trial Court.

5. Subject matter of the suit were as follows:

    (i) Land bearing Survey No.18/2(a) measuring 1 acre 12 guntas;

(ii) Survey No.18/2/b) measuring 1 acre 11 guntas;

(iii) Survey No.16/P4 measuring 1 acre of Har

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