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2021 Supreme(Kar) 632

ALOK ARADHE, HEMANT CHANDANGOUDAR
Jayamma – Appellant
Versus
Puttamma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Thontadharya, Adv.
For the Respondent: Y.K. Narayana Sharma, Adv.

JUDGMENT :

ALOK ARADHE, J.

1. This appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short) has been filed against judgment and decree dated 13.02.2013 passed by the Trial Court, by which the suit for partition and separate possession filed by plaintiff/respondents has been decreed.

2. The dispute in this appeal pertains to half share of the plaintiffs in respect of land measuring 2 acres and 15 guntas bearing Sy. No. 99/2 situated at Karakanhalli Village, Yelwala Hobli, Mysore Taluk. Facts leading to filing of this appeal briefly stated are that one Byregowda was the owner of land bearing Sy. Nos. 99/2 and 91/3 measuring 2 acres 15 guntas and 1 acre 21 guntas situated at Karakanhalli Village, Yelwala Hobli, Mysore Taluk. Admittedly, aforesaid Byregowda expired sometime in the year 1986, intestate leaving behind the plaintiffs viz., the daughters and husbands of original defendants 1 and 2 as their legal representatives. The husband of defendant No. 1 expired sometime in the year, 1991 leaving behind defendant Nos. 1 and 5 to 7

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