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2023 Supreme(Kar) 672

C. M. POONACHA
Revansiddappa – Appellant
Versus
Lalitabi – Respondent


Advocates appeared:
Shivaraj Appaji, Advocate, Krupa Sagar Patil, Advocate, D.P. Ambekar, Advocate

JUDGMENT/ORDER

1. The above first appeal is filed by Defendant Nos.1 to 3 under Sec. 96 of the CPC challenging the judgment and decree dtd. 30/6/2016 passed in OS.No.99/2008 by the I Additional Senior Civil Judge, Kalaburagi (hereinafter referred to as the 'Trial Court'), whereunder the suit for partition filed by the Plaintiffs has been partly decreed.

2. For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

3. It is the case of the Plaintiffs that one Rudrappa s/o. Murgeppa is the propositus and head of the family. He had two sons, Murgeppa and Revanasiddappa and two daughters Lakshmibai and Kamalabai. Murgeppa, the elder son died in August, 1973. The Plaintiffs are the wife and daughter of deceased Murgeppa. The other children of Rudrappa, namely Revanasiddappa, Lakshmi Bai and Kamala Bai are arrayed as Defendants 1, 4 and 5 respectively. Revanasiddappa has two sons, Amresh and Satish who are arrayed as Defendant Nos.2 and 3 respectively.

3.1 The suit properties 1 to 8 are agricultural lands and two residential houses which are described as suit schedule (II) property. That Defendant No.1 without any right or title got the suit

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