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2022 Supreme(Kar) 1604

RAVI V. HOSMANI
Ajjappa – Appellant
Versus
Gowramma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri B.M. Siddappa, Adv.
For the Respondent: Sri Gopalakrishna Murthy C., Adv.

JUDGMENT :

Ravi V. Hosmani, J.

Challenging impugned judgment and decree dated 24.01.2020, passed by Principal District and Sessions Judge, Chitradurga, in R.A.No.49/2013, this appeal is filed by defendants no.7 and 8.

2. With consent of Learned Advocates appearing for parties, matter is taken up for final disposal.

3. Appellants herein were defendants no.7 and 8 in suit and respondents no.7 and 8 in first appeal. Respondent no.1 herein was plaintiff in suit and appellant in first appeal. Respondents no.2 to 7 herein were defendants no.2 to 6 and 9 respectively in suit and respondents no.2 to 6 and 9 in first appeal. For sake of convenience, they shall be referred to as per their ranks in original suit.

4. O.S.No.22/2012 was filed by plaintiff seeking for relief of partition and separate possession of her 1/6th share in suit scheduled properties consisting of three agricultural lands (herein after referred to as ‘suit properties’). In plaint, it was stated that plaintiff, defendant no.2 and defendants no.7 and 8 were children of defendant no.1, while defendants no.3 to 6 were his grand-children. It was stated that suit properties were ancestral joint family properties, wherein item no. 1

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