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2024 Supreme(Kar) 202

E. S. INDIRESH, RAMACHANDRA D. HUDDAR
Nagendra S/O. Laxmansa Kabadi – Appellant
Versus
Shri. Chandrakant S/O. Chunnilal Jain – Respondent


Advocates appeared:
Smt.N.Dinesh Rao and Sri.V.S.Kalasurmath, Advocates, for the Appellant; Sri.Gurudas S.Khannur Senior Counsel for Sri.Sharanabasavaraj C., Advocate for R1 and R2, for the Respondent.

JUDGMENT

1. This First Appeal is preferred by defendant Nos.1 to 8, challenging the judgment and decree dated 08.08.2017 passed in Original Suit No.157/2012 on the file of the III Additional Senior Civil Judge and CJM, Dharwad, (for short, hereinafter referred to as 'Trial Court'), decreeing the suit of the plaintiffs.

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

3. The facts in brief are that, the father of the defendant Nos.6 to 8 (Ashok) along with defendant Nos.1 to 4, have purchased the land bearing survey No.2A/1+2+3, measuring 4 acres 20 guntas and 20 square yards near German Hospital, Dharwad, as per the registered sale deed dated 22.02.2002. Thereafter, the schedule property was converted for non-agricultural purpose and new number was assigned as CTS No.4B/NL. It is further averred that, the defendant Nos.1 to 8 constitute joint family and as such, registered partition deed dated 17.03.2010 has been entered into between the members of the joint family. It is further stated in the plaint that, the defendants, on account of their legal necessity, offered to sell the suit schedule property in favour of the plaintiffs a

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