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2020 Supreme(Kar) 501

SREENIVAS HARISH KUMAR
Jayamma – Appellant
Versus
Lakshmipathi And Others – Respondent


Advocates Appeared:
G. Balakrishna Shastry, Advocate, for the Appellant; Gangadhar Aithal, Advocate, for the Respondents

JUDGMENT

Sreenivas Harish Kumar, J. - The third defendant in the suit is the appellant. She has preferred this appeal aggrieved by the judgment of the trial court decreeing the suit for partition in respect of a property described in schedule-III to the plaint. She is a purchaser of the property from the first defendant on 18.01.1980.

2. The plaintiffs 1 to 3 are all the sons of first defendant. The second defendant was another son of the first defendant; he was unmarried and died during pendency of the suit. Defendants 4 to 6 are the daughters of the first defendant. The plaintiffs claimed partition in the properties described in schedules-I to VI of the plaint. Schedules-I to III consist of house properties, schedule-V comprises of agricultural land at Channapura Village and in schedule-IV movables such as jewellery and vessels are shown. Schedule-VI consists of some fixed deposits at Canara Bank and Bangalore Central Co-operative Bank. According to the plaintiffs all the schedule properties belong to the joint family consisting of themselves and defendants 1 and 2. They stated that on 5.10.1944 there took place a partition of ancestral properties between their father i.e., the fi

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