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2023 Supreme(Kar) 790

S. R. KRISHNA KUMAR
Geetha – Appellant
Versus
N. V. Venkatachala Bhatta – Respondent


Advocates appeared:
Balagangadhar G.S., Advocate, Vijay Kumar R., Advocate, R. Gopal, Advocate, Lakshmeesh Rao, Advocate

JUDGMENT/ORDER

1. This appeal by the petitioner-plaintiff in FDP No.32/2012 on the file of the Principal Civil Judge and CJM, Shivamogga (for short "the Trial Court") is directed against the impugned order dtd. 29/2/2020 passed by the Trial Court allowing the said final decree proceedings filed by the petitioner-plaintiff.

2. Heard learned counsel for the appellant, learned counsel for the respondents and perused the material on record.

3. The material on record discloses that the appellantpetitioner-plaintiff had instituted the aforesaid final decree proceedings in FDP No.32/2012 to enforce and implement the judgment and decree dtd. 12/12/2003 in O.S.No.113/1994 passed by the Trial Court. As per the judgment and decree, the appellant-plaintiff-petitioner was declared as being entitled to 1/15th share in the suit schedule properties. However, as per the modified judgment and decree passed in R.A.No.106/2008 by the First Appellate Court, the appellant-plaintiff-petitioner was declared to be entitled to 1/12th share in the suit schedule properties. Pursuant to the aforesaid preliminary decree, the appellant-petitioner-plaintiff instituted the instant final decree proceedings, which we

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