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2021 Supreme(Kar) 162

S.SUJATHA, SACHIN SHANKAR MAGADUM
Jaywanthi. K. Kapadia W/o K. Kapadia – Appellant
Versus
Dhansukhlal Venilal S/o Late A. Venilal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. M.C. Ravi Kumar, Advocate
For the Respondent:Sri. G.L Vishwanath And Smt. Manasa, Advocate, Sri. K.N. Krishna Rao, Advocate

JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

The captioned appeal is filed by the plaintiff challenging the judgment and decree passed in O.S.No.7122/2006 on the file of the XXXVIII Additional City Civil Judge, Bengaluru, wherein the suit filed by the plaintiff seeking partition and separate possession of her legitimate share is dismissed.

2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.

3. The facts leading to the case are as under:

The plaintiff namely Smt. Jaywanthi K.Kapadia and defendant Nos.1 to 8 are legal heirs of one A.Venilal. The plaintiff has specifically contended that she along with defendants constituted a undivided Hindu Joint Family. It is contended that plaintiff's father namely A.Venilal died on 23.04.1999 leaving behind plaintiff and defendants as legal heirs. It is the specific case of the plaintiff that her father Venilal was one of the son of propositus Ambaram Fakir Bhai, who died intestate on 04.12.1959. It is contended that plaintiff's father namely A.Venilal along with his brothers entered into a deed of settlement on 14.02.1951 and in the said settlement, the schedule 'A' properties were allotted to plaintiff's fa

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