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2023 Supreme(Kar) 1207

H. P. SANDESH
Ashwini Shetty – Appellant
Versus
Manohar Shetty – Respondent


Advocates appeared:
Shreyas Jayasimha, Advocate, Hemant R.Rao, Advocate, Jayakumar S.Patil, Advocate, Ajay Rao, Advocate, C.K.Nandakumar, Advocate, H.S.Rukkoji Rao, Advocate, H.R.Katti, Advocate

JUDGMENT

1. The writ petition and appeal are filed against the order passed by the Trial Court on memo and also on the application filed under Order XXXIX Rules 1 and 2 of CPC.

2. The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.8584/2012 is that the plaintiff is one of the daughter of defendant Nos.1 and 2 and defendant No.3 is her sister and all of them have constituted a Hindu undivided family (HUF) and said Hindu Joint Family was in possession of several properties being in the nature of sites in the city of Bengaluru and coffee estates located at several places in and around Chikmagaluru. The said HUF is hereinafter referred to as 'Manohar Shetty HUF'.

3. It is further contended that the plaintiff along with defendant Nos.2 and 3 also constituted a HUF for which defendant No.2 declared herself to be 'kartha' and the said HUF herein after referred to as 'Harini Shetty HUF' and said HUF was also in possession of several properties such as coffee estates in Chikkamagaluru. Income arising out of the properties of 'Harini Shetty HUF' is shared and utilized by the members of HUF being the plaintiff, defendant Nos.2 and 3 and respective documents are al

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