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2023 Supreme(Kar) 147

C. M. POONACHA
Mahadev S/o. Vishwanth Swamy – Appellant
Versus
Vishalakshi, W/o. Mahadev Swamy, D/o. Mahaling Swamy – Respondent


Advocates Appeared:
For the Appellant : Sri V.K. Nayak.
For the Respondent: Sri Shivanand Patil, Sri Deepak V. Barad.

JUDGMENT :

The above second Appeal is filed by the Defendant under Section 100 of the CPC (hereinafter referred to as the 'CPC') challenging the judgment and decree dated 19.1.2013 passed in RA.No.83/2012 by the Fast Track Court-II at Bidar, Camp at Bhalki (hereinafter referred to as the 'first Appellate Court') and the judgment and decree dated 9.7.2012 passed in OS.No.32/2008 by the Senior Civil Judge, Bhalki, (hereinafter referred to as the 'Trial Court') and to dismiss the suit of the Plaintiff.

2. For the sake of convenience, the parties herein are referred to by their rank before the Trial Court.

3. It is the case of the Plaintiff that property bearing No.195/2, measuring 7 Acres, situated at Bhalki (hereinafter referred to as the 'suit property') was purchased by her father through his own earnings in the name of her mother Nirmaladevi vide registered Sale Deed dated 18.12.1997. The Plaintiff being the only daughter of her parents, the said property was gifted in her favour by a registered Gift Deed dated 2.5.2005 and hence she is the absolute owner of the suit property. That the Plaintiff got married to the Defendant on 24.11.2004 and they have a daughter born from the said ma

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