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2020 Supreme(Kar) 128

B.V.NAGARATHNA, SURAJ GOVINDARAJ
Padmavathi W/o Sri. S. Jagadish Kumar – Appellant
Versus
Jayamma W/o P. Siddappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. P.D. Surana, Advocate
For the Respondent:Sri. K.K.Vasanth, Advocate, Sri. T.N. Premanath, Advocate

JUDGMENT :

SURAJ GOVINDARAJ, J.

1. The appellants, who were Plaintiffs in O.S. No.5633/2000, aggrieved by the Judgment and decree dated 7.4.2014 passed by the I Addl. City Civil and Sessions Judge, Bangalore City (Trial Court), have preferred RFA No.916/2014 while RFA CROB No.8/2019 has been preferred by Defendant Nos.16 and 17.

2. For the sake of convenience, the parties are referred to by the rank held by them before the trial court.

PLEADINGS:

3. The Plaintiffs in the plaint have averred as under:

    3.1. One Sri. NallaChikkaKempanna was the propositus. He had six sons viz., D.K.Subbaiah, D.K.Muniswamappa, D.K.Narayanaswamy, Pillappa, D.K.Nagappa and D.K.S.Kempanna, who succeeded to his estate as legal heirs and effected a partition of the properties on 12.01.1945 through a registered deed of Partition. At the time of said Partition, D.K.Pillaiah had also expired and, his branch was represented by and through his wife Smt. Kempamma, three sons viz., Parameshiva, P.Channakeshaviah, P.Siddappa and one daughter viz., Smt.Sharadamma.

3.2. At the said Partition, a share in the property c

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