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2022 Supreme(Kar) 1422

S. SUJATHA, RAVI V. HOSMANI
H. S. Avinash, S/o. H. R. Sathyanarayana – Appellant
Versus
H. R. Sathyanarayana, S/o. Late Rangegowda – Respondent


Advocates Appeared:
For the Appellants : Smt. Shwetha Anand.
For the Respondents: Sri. Jwala Kumar, Smt. A.R. Sharadamba.

JUDGMENT :

Challenging judgment and decree dated 28.03.2014 passed by I Additional Senior Civil Judge, at Chikkamagalur, in O.S.No.188/2007, this appeal is filed.

2. Appellants herein were plaintiffs no.1 and 2, while respondents herein were defendants no.1 and 2 respectively. Hereinafter parties are referred to as per their ranking before trial Court.

3. Brief facts as stated are that plaintiffs filed a suit against defendants seeking re-opening of partition deed dated 11.01.1999 and for fresh partition deed and to allot 1/4th share each to plaintiffs in suit schedule property by metes and bounds, to put them in possession of their share and also for accounts and mesne profits etc.

4. The schedule annexed to plaint contained particulars of immovable properties belonging to joint family of plaintiffs and defendants, of which fourteen are agricultural properties, three urban properties consisting of shopping complex and partially completed cinema theatre and one house property situated at Arehalli, Belur.

5. In the plaint, it was stated that schedule properties were Hindu Joint Family properties of plaintiffs and defendants and defendant no.1 was Karta of family. On the pretext of reduci

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