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2023 Supreme(Kar) 662

SHIVASHANKAR AMARANNAVAR
Rangaswamy – Appellant
Versus
Jayalakshmi – Respondent


Advocates appeared:
Sreenivasan M.Y., Advocate, V.Srinivas, Advocate

JUDGMENT/ORDER

1. This appeal is filed praying to set aside the judgment and decree dtd. 31/1/2013 passed in RA No.146/2012 by the Principal District and Sessions Judge, Mysuru ('First Appellate Court' for short ) and confirm the judgment and decree dtd. 6/3/2012 passed in O.S. No.1370/2007 by the First Additional Senior Civil Judge, Mysuru ('trial Court' for short).

2. The appellant-Sri. Rangaswamy was defendant No.2, the Respondent No.1-Jayalakshmi was the plaintiff and Respondent No.2-Smt. Sakamma, Respondent No.3- Bhagyamma and Respondent No.4-Sri. K.A. Ramaiah Reddy were Defendants No.1, 3 & 4 respectively in OS No.1370/2007.

3. The parties will be referred to as per their rankings in the trial Court.

4. The plaintiff-Smt.Jayalakshmi has filed a suit for partition and separate possession of her 1/4th share in the suit schedule properties. There are two items of the suit schedule properties. One is an agricultural land bearing Sy. No.24/P8 measuring 4 acre 10 guntas situated at Yelachahalli Village, Yelawala Hobli, Mysuru Taluk, and another is a Mangaluru Tiled House measuring 20ft.x30ft.

5. It is the case of plaintiff-Smt. Jayalakshmi before the trial Court that, the plaintiff

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