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2023 Supreme(Kar) 616

H. P. SANDESH
R Divya – Appellant
Versus
Raghu – Respondent


Advocates appeared:
Abhinay Y.T., Advocate

JUDGMENT/ORDER

1. This matter is listed for admission today. Heard the learned counsel for the appellants.

2. This appeal is filed challenging the judgment and decree dtd. 17/11/2022, passed in R.A.No.18/2021, on the file of the II Additional Senior Civil Judge and JMFC, Hassan.

3. The factual matrix of the case of the plaintiffs before the Trial Court is that the suit schedule properties are the ancestral properties of the plaintiffs and defendant Nos.1 and 2 and it is their claim that the plaintiffs are entitled for partition. It is also their further case that the sale deed dtd. 5/3/2003 executed by defendant Nos.1 and 2 in favour of defendant No.3 is not binding on their shares in the suit schedule properties and hence they are entitled for the relief of partition. The defendant Nos.1 and 2 are father and brother of the plaintiffs, respectively and defendant No.3 is the purchaser of item No.1 of the suit schedule property. The defendant No.3 took the defence that he is a bonafide purchaser of item No.1 of the property and also took the contention that the suit is barred by law of limitation. The plaintiffs in order to prove their case examined plaintiff No.2 as P.W.1 and got mar

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