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2020 Supreme(Kar) 1141

E.S.INDIRESH
Shivamma – Appellant
Versus
Sangappa Angadi @ Sangappa Basalingappa Angadi – Respondent


Advocates Appeared:
Vishwajith Rai M, Advocate, K.N. Jayaprakash, Advocate, V.R. Balaraj, Advocate, S. Rajendra, Advocate

JUDGMENT

E.S. Indiresh, J. - This Regular first appeal is directed against the judgment and decree dated 21st August, 2014 passed by the Judge, Family Court at Davanagere in OS No.13 of 2012. This appeal is preferred by the defendants No.1 and 2 before the Court below.

2. For the sake of convenience, the parties in this appeal are referred to their status before the Court below.

3. The relevant facts of the case in brief are that, defendant No.1 is the wife of the plaintiff as well defendant No.2 and defendants No.6 to 9 are the children of plaintiff and defendant No.1. The plaintiff and defendant No.1 have purchased schedule property jointly on 07th May, 1990 by way of registered sale deed from one Mohammed Haneef Sab and accordingly, the plaintiff and defendant No.1 have become joint owners of the suit schedule property. Pursuant to the execution of sale deed, the names of the plaintiff and defendant No.1 has been mutated in the respective revenue records. The schedule property, admittedly, was a vacant site at the time of purchase made by the plaintiff and defendant No.1 on 07th May, 1990. The case of the plaintiff is that out of his earnings and by investing huge amount, he has

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