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2020 Supreme(Kar) 1082

ARAVIND KUMAR, E.S.INDIRESH
Bellur Usha Shivaprasad – Appellant
Versus
Sarasamba Anantha Swamy – Respondent


Advocates Appeared:
P.M. Siddamallappa, Advocate, Vidya Prasad Bellur, Advocate, B.G. Shivaprasad, Advocate, R. Chandrashekar, Advocate

JUDGMENT

E S Indiresh, J. - These two appeals are preferred by the plaintiffs and defendants being aggrieved by the judgment and decree dated 31st July, 2013 passed in OS NO.677 of 2010 by XVIII Additional City Civil Judge, Bengaluru whereunder suit filed by the plaintiffs for evicting/ejectment of the defendants from suit schedule property and for damages came to be decreed partly by arriving at a conclusion that third plaintiff along with defendants-1 and 2 are entitled for 1/3rd share in the suit schedule property.

2. For the sake of convenience, parties in this appeal shall be referred to in terms of their status before the trial court.

3. Originally suit was filed before the Family Court by plaintiffs No.1 and 2 in O.S.No.1/2003 (Mother and daughter) and thereafter suit was transferred to XXXVII Additional City Civil Judge (CCH 57) and consequently, re-numbered as O.S.No.677/2010.

4. Appellants No.1 and 2 in RFA No.1522/2013 who are plaintiffs-1 and 2 in OS No.677 of 2020 sought for half of the plaint schedule property interalia seeking Rs.15,000/- per month as damages/maintenance against appellant No.3 and respondents 1 and 2 herein. During the pendency of the suit, defendant

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