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2021 Supreme(Kar) 567

RAVI V.HOSMANI
Bhimappa – Appellant
Versus
Dundappa – Respondent


Advocate Appeared:
For the Appellant :Shriharsh A. Neelopant, Advocate
For the Respondent:Anand R. Kolli and Chetan T. Limbikai, Advocates

JUDGMENT :

RAVI V. HOSMANI, J.

1. Challenging the judgment and decree dated 21.11.2014 passed by the Senior Civil Judge and JMFC, Raibag, in R.A. Nos. 24/2011 and 25/2011 and the judgment and decree dated 15.09.2011 passed by the Additional Civil Judge and JMFC, Raibag in O.S. No. 76/2006 these two appeals are filed. The appellant in RSA No. 100007/2015 was the plaintiff in O.S. No. 76/2006 and appellant in R.A. No. 24/2011. The respondent Nos. 1 to 12 herein were defendants 1 to 12 respectively before the trial Court and respondents 1 to 12 respectively before 1st appellate Court.

2. The appellant in RSA No. 100251/2015 was defendant No. 3 before the trial Court and respondent No. 3 in R.A. No. 25/2011. For the sake of convenience, the parties will hereinafter be referred to as per their respective ranks before the trial Court.

3. Brief facts leading to these appeals are that, Sri. Bhimappa s/o Mallappa Tuppad filed O.S. No. 76/2006 against defendants for relief of partition and separate possession of his ¼ share in suit schedule 'A' properties etc.,

4. In the plaint, he stated that defendants were his brothers and they constituted a Hindu Undivided Joint Family. It was stated that sui

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