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2021 Supreme(Kar) 843

E.S.INDIRESH
C V Thimmaiah S/o late Veeranna – Appellant
Versus
Nagamma Died during the pendency of the suit – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Indu Shekar B T., Advocate

JUDGMENT :

This second appeal is filed by the plaintiff in Original Suit No.216 of 2006 on the file of the Senior Civil Judge and JMFC, Doddaballapura decreeing the suit of the plaintiff, whereby the defendant No.2 has preferred Regular Appeal No.181 of 2012 on the file of the IV Additional District and Sessions Judge at Doddaballapura, Bangalore (Rural) District, wherein the appeal came to be allowed by setting aside the judgment and decree passed by the trial Court. Being aggrieved by the same, plaintiff has filed this second appeal.

2. For the sake of convenience, the parties in this appeal are referred to as per their status before the trial Court.

3. The plaint averments are that the plaintiff and defendants constitute Hindu Undivided Joint Family and late Veeranna and the first defendant-Nagamma, were the parents of the plaintiff and defendants No.2 to 6. It is the case of the plaintiff that the property bearing Survey No.1/9, 63/1, 63/5, 64/2, 69/5, 69/7, 71/6 and 75/3 situated at Channaveranahalli, Doddaballapura Taluk; and another property bearing survey No.51/2 at Haleko

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