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2020 Supreme(Kar) 621

ASHOK S.KINAGI
Basappa – Appellant
Versus
Kamala Kom Shivaputra Ligade – Respondent


Advocates Appeared:
Anant Hegde, Advocate, F.R. Patiil, Advocate, Shivaraj S Balloli, Advocate

JUDGMENT

Ashok S Kinagi, J. - Respondents No.16 to 18 have filed this revision petition challenging the order dated 16.7.2018 on I.A.No.7 passed in FDP No.6/2011 by the First Additional Civil Judge and JMFC, Chikodi.

2. Parties are referred to as per their rankings before the trial Court.

3. Brief facts of the case are as follows :

    That the husband of the petitioner No.1(a) filed a suit in O.S.No.84/1967 for partition and separate possession on the file of the Additional Munsiff Court, Chikodi. The suit came to be decreed vide judgment and decree dated 27.6.1969 and awarded 1/5th share in the suit schedule properties. The defendants in O.S.No.84/1967 preferred R.A.No.258/1969 before the learned Civil Judge, Belagavi. The appeal came to be dismissed on 15.6.1971. Thereafter, in the year 1988 the original plaintiff filed an Execution Petition in E.P.No.46/1995 on the file of the Munsiff and JMFC Court, Nipani to execute the preliminary decree for partition. The said execution petition was treated as a final decree petition in respect of the house property. The trial Court allowed the final decree petition and final decree was drawn on 6.8.1996 in respect of house property.

      3.1. That,

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