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2019 Supreme(Kar) 1350

H.P.SANDESH
M. Shobha W/O S. L. Suresh – Appellant
Versus
M. Dinesh S/O. Late L. Mahadev – Respondent


Advocates Appeared:
For the Appellant : Sri. T.N. Raghupathy, Adv.
For the Respondent:Sri. Udaya Holla, Sr. Counsel For Sri. Adarsh Gangal, Advocate

JUDGMENT :

This appeal is filed challenging the judgment and decree in O.S.No.31/2003 dated 30.07.2012 on the file of Principal Senior Civil Judge and CJM, Mysore, partly decreeing the suit and rejecting the claim in respect of item Nos.1 to 3 of the suit schedule properties.

2. The parties are referred to as per their original rankings before the Court below to avoid confusion and for the convenience of the Court.

3. Brief facts of the case:

    (i) The case of the plaintiff before the Trial Court is that the suit schedule properties are the self acquired properties originally belonged to the father of the plaintiff by name L.Mahadev. The said L.Mahadev had two children, a daughter by name M.Shobha, who is the plaintiff and a son by name M.Dinesh, who is the first defendant. The second defendant is the wife of said L.Mahadev. The plaint schedule properties are the self acquired properties of said L.Mahadev, which were acquired out of his own efforts and earnings.

(ii) It is contended that the said L.Mahadev passed away on 02.08.2000 leaving behind the plaintiff and defendants as his only legal representatives. After the death of L.Mahadev, the defendants are trying to alienate the suit sc

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