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2020 Supreme(Kar) 5

K.NATARAJAN
Sarvamangalamma, W/o. Late Shivarudrappa – Appellant
Versus
Anusuya Bai, W/o. Late K. T. Rangadas – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI UMASHANKAR M.N., ADVOCATE
For the Respondent:SRI PRASANNA B.R., SRI S.P.KULKARNI, ADVOCATE

JUDGMENT :

This appeal is filed by the appellants/plaintiffs assailing the judgment and decree passed by the Senior Civil Judge at Kadur Taluk, Chikmagalur District, (hereinafter referred to as the “first Appellate Court”) in R.A.No.98/2009 dated 10.06.2011 for having allowed the appeal filed by the defendants/respondents and dismissing the suit of the plaintiffs by reversing the judgment and decree passed by the Principal Civil Judge (Jr.Dn.), Kadur, (hereinafter referred to as the “trial Court”) in O.S.No.315/2007 dated 09.11.2009.

2. Heard the learned counsel for the appellants, learned counsel for respondent Nos.1 to 3 and learned counsel for respondent No.4.

3. The ranks of the parties before the trial Court is retained for the sake of convenience.

4. The case of the plaintiffs is that the plaintiffs filed a suit to declare that they are the absolute owners in possession of suit schedule property measuring 3 acres 29 guntas in Sy.No.13 at Hosahally Village, Birur Hobli, Kadur Taluk (hereinafter referred to as the “suit schedule property”) contending that the suit schedule property is the ancestral property of the plaintiffs which was acquired by the husband of first plaintiff and

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