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2022 Supreme(Kar) 995

S. R. KRISHNA KUMAR, K. S. HEMALEKHA
Bhundappa – Appellant
Versus
Mallikarjun – Respondent


Advocates appeared:
Ajay Kumar, Advocate, Ashok Kumar, Advocate, Neeva.M.Chimkod, Advocate

JUDGMENT

K.S.HEMALEKHA,J. - Non-granting of share in item No.13, house building on plot No.238 in Sy.No.72 of Badepur, Kalaburagi, bearing G.P.No.13-19 Corporation No.T-2- 910/72-238, by the III Addl. Senior Civil Judge at Gulbarga in O.S.No.139/2014, dtd. 7/8/2018, the plaintiffs have preferred this appeal.

2. The parties herein shall be referred to as per their ranking before the trial Court.

3. The plaintiffs had filed the suit for partition and separate possession in respect of the suit schedule properties contending that the suit schedule properties are the ancestral joint family properties of the plaintiffs and defendant and claiming 1/9th share in the suit schedule properties and that the father of the plaintiff and the defendants by name Sidramappa, son of Shanthappa Maradi died on 9/8/1991 and the mother by name Girijabai died on 16/6/2012. The plaintiffs and defendant Nos.1 to 4, 6 and 8 are the brothers who are the sons of late Siddaramappa, son of Shanthappa Maradi and defendant Nos.5 and 7 are the sisters of the plaintiffs who are the daughters of late Siddaramappa Shanthappa Maradi. It is the contention of the plaintiff that the suit item No.13, plot No.238 in Sy.No.72

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