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2024 Supreme(Kar) 85

H. P. SANDESH
M. G. Purushotham, S/o. Late Guruvaiah, Since Dead By Lrs- Smt. Lalitha, (W/o. Late Sri M. G. Purushotham) – Appellant
Versus
N. K. Srinivasan, S/o. Late Karigowda @ Kariyappa, Since Dead By Lrs. - Smt. Sowbhagya, (W/o. Late N. K. Srinivasan) – Respondent


Advocates Appeared:
For the Appellants : Sri G.B. Nandish Gowda.
For the Respondents: Sri Sagar B.B., Sri Sathish M. Doddamani, Smt. M.V. Adhithi.

JUDGMENT :

Heard the learned counsel for the appellants and learned counsel for the respondents.

2. The case of the plaintiff before the Trial Court is that the plaintiff is the native of Nidagatta Village, owning the agricultural lands bearing Sy.No.89/1, measuring 1.16 guntas, Sy.No.90/1 measuring 1.26 guntas, Sy.No.95 measuring 2 acres. ‘A’, ‘B’ and ‘C’ schedule properties are ancestral, apart from the land bearing Sy.Nos.110/3, 115/2 extending 2.06 guntas, which is also ancestral. ‘A‘ and ‘B’ schedule properties fell to the share of late T. Thammaiah, the half brother of plaintiff as per the registered release deed dated 05.05.1943. The ‘B’ schedule was acquired out of the nucleus from ‘A’ schedule properties. Except Sy.No.95, all other properties mentioned above were ancestral properties which late Karigowda @ Kariyappa delivered to his share after separation from the brothers Puttaswamy Gowda and Pape Gowda. Late Karigowda, father of plaintiff had two wives by name late Thimmamma and Venkatamma. Through Thimmamma, one son late T. Thimmaiah was born. From second wife late Venkatamma, late K. Thammaiah and plaintiff Srinivasan were born. After the release deed dated 05.05.1943,

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