Hanamantagouda vs Tayakka @ Jayashri - 2023 Supreme(Kar) 1290

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1290

ANANT RAMANATH HEGDE
Hanamantagouda – Appellant
Versus
Tayakka @ Jayashri – Respondent

Advocates Appeared:
For the Appellant :Sri. B.V.Somapur, Advocate
For the Respondent:Sri. Sourabh S Balloli, Advocate for Sri. Shivaraj S Balloli, Advocate

JUDGMENT :

Mr. Anant Ramanath Hegde, J. - The defendants are aggrieved by the decree for partition. The admitted genealogy is as under:

2. Basanagouda is the father of the plaintiff. Basanagouda had two wives, namely Hanamavva and Tungavva. Hanamavva was first wife. After the death of the first wife, he married second wife Tungavva. From first wife Hanamavva, he had a son by name Hanamantgouda. From second wife, he had two children, namely, Sanjeev and Tayakka. Tayakka is the plaintiff, Basanagouda is defendant No.1, Tungavva is defendant No.2, Hanamanthgouda is defendant No.3 and Sanjeev is defendant No.4 in O.S.No.22/2011.

3. The daughter from second wife Tayakka has filed a suit for partition claiming 1/5th share in the suit schedule properties. It is her contention that, the properties bearing Survey No.1/5 and 162 are the ancestral properties in the hands of her father Basanagouda and utilizing the income from the ancestral properties, he purchased the properties bearing Survey No.31/1 and 68/1. It is her contention that, she is having 1/5th share in the said properties. It is further pleaded that, item No.5 and 6 of suit schedule properties, namely residential houses, are also t

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