SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Kar) 135

G BASAVARAJA
Kasturibai – Appellant
Versus
Kantabai W/o Late Devindrappa Guddadagi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Naresh V. Kulkarni, Adv.

JUDGMENT

The appellants, who are defendants 1 to 6 before the trial court, have preferred this appeal, being aggrieved by the judgment and decree dated 30.04.2015, passed in OS No. 68/2013 on the file of the II Additional Senior Civil Judge, Kalaburagi.

2. Parties herein are referred to as per their status and rank before the trial Court.

3. The plaintiffs filed a suit seeking partition and separate possession of the suit properties with metes and bounds. The suit summons were not served on defendants 1 to 6, and hence notice to them was issued through substituted service by means of paper publication. In spite of this, they did not appear and remained absent, and accordingly, they were placed ex-parte. Despite the notice being served, defendant No. 7 also did not appear and was placed ex-parte. Thereafter, the matter was posted for the plaintiff’s evidence. Plaintiff No. 3 was examined as PW.1 and 13 documents were marked as Exhibits PW1 to PW13. Accordingly, the trial Court decreed the suit. Being aggrieved by the said judgment, defendants 1 to 6 are before this Court.

4. Learned counsel for the appellants submits that the plaintiffs have shown the wrong address in the cause title an

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top