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2023 Supreme(Kar) 401

N. S. SANJAY GOWDA
Pandurangappa, S/O Patel Rangappa, Since Dead By His Lrs. – Appellant
Versus
N. B. Dodda Rangappa, S/O Patel Rangappa, Since Dead By His Lrs. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Chithappa, Advocate, Sri. Jagadeesh Mundaragi, Advocate
For the Respondent:Sri. Sruti Chaganti, Advocate

JUDGMENT :

1. N.B. Dodda Rangappa filed a suit for partition in respect of the thirteen agricultural properties and one tractor-trailer against Pandu Rangappa and his other three half-brothers and one Meenakshamma wife of Thimmanna.

2. The parties shall be referred to by their names instead of their ranking for the sake of convenience.

Brief facts:

3. It is the case of Dodda Rangappa that he was the only son of Patel Rangappa and his wife—Chikkamma. He stated that his father Patel Rangappa, without the knowledge and consent of Chikkamma, had married another lady called Sannamma, through whom, Patel Rangappa had four children namely defendants 1 to 4. He stated that this marriage was void and after the death of his mother—Chikkamma, his half-brothers were joint in possession of the suit schedule properties and Sanna Rangappa—the last son of Patel Rangappa through Sannamma was managing the entire affairs of the family. He stated that initially defendant No.1/Pandu Rangappa was managing the properties of the family, but subsequently, he was addicted to bad habits and this resulted in Dodda Rangappa demanding a share.

4. He stated that his demand was however refused and despite many attempt

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