Ramachandra vs Sadashiv - 2023 Supreme(Kar) 1317

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1317

ANANT RAMANATH HEGDE
Ramachandra – Appellant
Versus
Sadashiv – Respondent

Advocates Appeared:
For the Appellants :Sri. Mahesh Wodeyar, Advocate
For the Respondent: Sri. K. Anand Kumar, Sri. Ravi S. Balikai,

JUDGMENT :

Mr. Anant Ramanath Hegde, J. - Defendants No.1 to 8 in O.S.57/1997 on the file of the Senior Civil Judge, Gokak are before this Court assailing the judgment and decree granting 1/3 share in all the suit schedule properties in favour of the plaintiffs.

2. Admitted genealogy of the parties is as under:

3. Govindappa was the propositus. He had three sons by names Ramachandra, Bhimappa and Appayya. It is not in dispute that Ramachandra had no issues and Bhimappa died issueless and the third son of Govindappa, namely Appayya had four sons, Shambappa, Govindappa, Shashappa and Mahadev. Among the four sons of Appayya, Shambappa was given in adoption to Ramachandra - who was the elder son of propositus Govindappa.

4. The suit for partition is filed by the wife and children of last son of Appayya viz., Mahadev. The suit is filed against the branch of Govindappa who are defendants 1 to 8 and branch of Shashappa -defendants 10 and 11. Bhimappa - son of adopted son of Shambappa is arrayed as defendant No.9. No relief is claimed against him. He is arrayed as a party as his name appeared in one of the property records. The suit was filed on the premise that suit schedule properties were t

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