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2024 Supreme(Kar) 227

SACHIN SHANKAR MAGADUM
Ahalya H Shetty – Appellant
Versus
Vathsala S Shetty – Respondent


Advocates appeared:
Sri M.J. Alva, Advocate, for the Appellant; Sri Chandranath Ariga K, Advocate, for the Respondent.

JUDGMENT

Sachin Shankar Magadum, J. - The captioned second appeal is by plaintiffs assailing the judgment and decree rendered by the appellate Court wherein appellate Court has allowed the appeal filed by defendant No.2 and the plaintiffs suit seeking relief of partition and separate possession is dismissed. These divergent findings are under challenge at the instance of plaintiffs.

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

3. The family tree is as under:

4. Plaintiff Nos.1 and 2 are the children of defendant No.1. It is not in dispute that plaintiff Nos.1 and 2 and defendant No.1 constitute a Hindu Undivided Family governed by Aliyasantana Law and defendant No.1 being a mother was managing the suit land bearing Sy.No.13/1 measuring 1 acre 70 cents. The plaintiffs feeling aggrieved by the alienation made by their mother have filed the present suit seeking relief of partition and separate possession. Plaintiffs have alleged in the plaint that they were not aware of alienation made by their mother/defendant No.1 in favour of defendant No.2. Plaintiffs have contended that suit land was granted by Land Tribunal and the said land which

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