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2022 Supreme(Kar) 1534

SACHIN SHANKAR MAGADUM
Channamma – Appellant
Versus
Totamma – Respondent


Advocates appeared:
Shivanand Patil, Advocate, S.S.Sajjanshetty, Advocate, S.B.Hangarki, Advocate

JUDGMENT/ORDER

1. The captioned second appeal is filed by plaintiff questioning the divergent findings of the Courts below, wherein, the appellate Court has reversed the judgment and decree of the trial Court and suit for partition filed by the plaintiff is dismissed by the appellate Court. The cross objection is filed by defendant No.2 questioning the judgment and decree of the appellate Court.

2. For the sake of convenience, the parties are referred to as per their ranks before the trial Court.

3. The family tree is as under: Devindrappa (D-2) Laxmibai (wife) Totamma Channamma (D-1) (Plaintiff)

4. The plaintiff and defendant No.1 are daughters of defendant No.2 - Devindrappa. The plaintiff claims to be the younger sister of defendant No.1. It is specifically pleaded in the plaint that defendant No.2 had no male issues and the plaintiff and defendant No.1 together constitute an undivided joint Hindu family. The plaintiff has also alleged in the plaint that defendant No.1 though daughter is the Kartha of the family and she is managing the ancestral properties. The plaintiff further alleged that till 2007, defendant No.2 was managing the suit schedule properties. It is further allege

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