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2021 Supreme(Kar) 346

HANCHATE SANJEEVKUMAR
JAGADAYYA S/O A/F MADIWALAYYA METI – Appellant
Versus
KAMALLAVVA W/O RACHAYYA MATHAPATI – Respondent


Advocates Appeared:
For The Appellant : SRI.R H ANGADI AND SRI.J.P.DHANAVE, ADVS.
For The Respondent: SRI.M.M.KHANNUR & SRI.C.K.NARENDRA, ADVS.

JUDGMENT :

The respondents/plaintiffs have filed the present appeal under Section 100 of Civil Procedure Code (for brevity hereinafter called as “CPC”) challenging the judgment and decree passed in RA No.56/2019 dated 14.11.2019 by II Addl. Senior Civil Judge and JMFC., Dharwad, which has confirmed the judgment and decree passed in OS No.261/2010 dated 22.07.2019 passed by II Addl. Civil Judge and JMFCII, Dharwad. There is a concurrent finding of fact. Hence, the respondents have preferred the present appeal.

2. Brief facts of the case:

    The respondents/plaintiffs have filed the suit for declaration to declare that the alleged adoption deed dated 05.05.2009 executed by the deceased Madiwalayya Meti in favour of appellant/defendant is null and void. The respondents are daughters of the deceased Madiwalayya Meti. The said deceased Madiwalayya Meti and his five brothers have an ancestral joint family landed properties. The marriage of both respondents/plaintiffs was performed by their deceased father Madiwalayya Meti and he died on 12.11.2009. Thereafter, the respondents have filed an application before the Tahasildar, Dharwad for entering their names in Revenue records being legal heirs

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