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2024 Supreme(Kar) 247

SACHIN SHANKAR MAGADUM
Kempamma – Appellant
Versus
Venkatalakshmamma – Respondent


Advocates appeared:
Sri.Siddeswara N K, Advocate, for the Appellant; Smt.Neeraja Karanth, Advocate, for the Respondent.

JUDGMENT

Sachin Shankar Magadum, J.

The captioned second appeal is by the plaintiff questioning the concurrent judgments and decrees of the Courts below wherein the plaintiff's suit seeking relief of partition and separate possession is dismissed by both the Courts by recording a finding that plaintiff has failed to prove that she is the legally wedded wife of one Narayanappa @ Muniyappa.

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The facts leading to the case are as under:

The plaintiff has filed the present suit by contending that she is the legally wedded wife of one Narayanappa who is also known as Muniyappa. She has further claimed that in their wedlock, she is blessed with two sons and one daughter namely, Venkateshappa, Muniraju and one daughter by name Rathnamma. Plaintiff has further pleaded that defendant is the wife of second son Venkataramanappa. Plaintiff claims that her husband Narayanappa and Venkataramanappa are full brothers and they constitute undivided joint Hindu family. Plaintiff alleged in the plaint that after marriage plaintiff started residing with her husband at Jakkasandra village and plaintiff's fa

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