S.SUJATHA, RAVI V.HOSMANI
H. C. Puttaraju, S/o Late Chikke Gowda @ Chickaiah – Appellant
Versus
Harsha Rani D/o Late H. L. Chikke Gowda @ Chickaiah – Respondent
JUDGMENT :
Since common and akin issues are involved and both the appeals arise against the judgment and decree passed in O.S. 51/07 dated 29.10.2011 by the Civil Judge (Senior Division), Virajpet, (‘Trial Court’ for short) the same are clubbed, heard together and disposed of by this common judgment.
2. For the sake of convenience, the parties are referred to as per their status before the Trial Court.
3. The subject matter of these appeals are the properties described in ‘A’ and ‘B’ Schedule of the suit schedule properties. The plaintiffs filed O.S. No.51/2007 before the Trial Court seeking the relief of partition of the suit schedule properties declaring that the plaintiffs have 1/7th share each in the suit schedule properties; directing the defendants to deliver possession of the same to the plaintiffs; directing them to pay mesne profits from the date of the suit.
4. Plaint averments are that the plaintiffs are coparceners and members of the joint family of Late H.L.Chikke Gowda @ Chikkaiah, s/o Late Lakkaiah. Plaintiffs 1 to 3 and defendants 1 to 3 are the children of late H.L.Chikke Gowda who died intestate on 16.11.1992, leaving behind the plaintiffs and the defendants 1 to 4. D
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