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2020 Supreme(Kar) 2316

JYOTHI MULIMANI
C. N. Leelavathi – Appellant
Versus
M. Narayanappa – Respondent


Advocate Appeared:
For the Appellant :N. Sukumar Jain, Advocate
For the Respondent:K.S. Nagaraja Rao and M.V. Hymavathi, Advocates

JUDGMENT :

JYOTHI MULIMANI, J.

1. Unsuccessful defendant No. 2 has appealed this appeal challenging the judgment and decree passed in O.S. No. 3122/1993.

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

3. The short facts are these: Defendant No. 1 and Plaintiffs are the members of the Joint Hindu Undivided Family. Defendant No. 1 is the father of plaintiffs 1 and 2. The land bearing Sy. No. 63/5 of Nagashettyhalli village, Kasaba Hobli, Bangalore North Taluk, Bangalore is a Joint Hindu Undivided property and the said property is the ancestral property of defendant No. 1 and plaintiffs. The katha of the said property stands in the name of Late Munichannaiah, who was the father of defendant No. 1 and grandfather of plaintiffs.

Suffice it to mention that defendant No. 1 and plaintiffs are the absolute owners of the land bearing Sy. No. 63/5 of Nagashettyhalli Village, Kasaba Hobli, Bangalore North Taluk, Bangalore, and they are in joint possession and enjoyment of same. It is averred that revenue sites are formed by defendant No. 1 as well as plaintiffs 1 and 2, in the said land. One of such sites is Site No. 26. Plaintiffs stated t

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