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2023 Supreme(Kar) 164

V. SRISHANANDA
S. Krishna Rao Since Dead by LRs. Smt. K. Bhagirathi – Appellant
Versus
M. J. Vittal S/o Late M. J. Jivan Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anant Mandagi, Vikram Unni Rajagopal.
For the Respondents: Sreevatsa, Frued Richardson, M. Raghunathachar.

JUDGMENT :

V. SRISHANANDA, J.

1. These two appeals are directed against the same judgment and decree passed in O.S. No. 3578/1987 dated 03.01.2008 on the file of I Additional City Civil and Sessions Judge, Bangalore City, filed by first defendant against plaintiff in R.F.A. No. 488/2008 and defendant Nos. 2 and 3 in R.F.A. No. 489/2008 respectively.

2. Parties are referred to as plaintiff and defendants for the sake of convenience as per their original rankings in the Trial Court.

PLEADINGS

3. The facts narrated in the pleadings before the Trial Court which are utmost necessary for disposal of these appeals are as under:

    A suit came to be filed by the plaintiff seeking the relief of partition and separate possession of his 1/4th share in the properties left behind by his father Sri S.S. Murthy Rao and his mother Smt. Rangamma, which is described in ‘A’ or ‘B’ and ‘C’ schedule properties to the plaint. Schedule ‘A’ is a residential house consisting of ground and first floor and an outhouse with a grass in the premises measuring 80’x120’ bearing No. 5, (old No. 341), upper palace Orchards, Sadashivanagar, Bangalore, bounded on East by site No. 340, west by Site No. 342, south by site No. 2

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