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2025 Supreme(Kar) 692

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
R. Nataraj, J, RAJESH RAI K.
Sadashiv S/o Parappa Arenad – Appellant
Versus
Chandrika W/o Shankar Alagundi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrutyunjay Tata Bangi
For the Respondent: Bhagyashree Bikkannavar

JUDGMENT :

R. NATARAJ, J.

1. The defendants in O.S. No.86/2016 on file of the Additional Senior Civil Judge and JMFC, Mudhol, have filed this Regular First Appeal challenging the judgment and decree dated 04.09.2019 passed therein, by which the suit was decreed and it was declared that the plaintiff was entitled to 1/5th share in the suit schedule properties.

2. For the sake of convenience and easy understanding, the parties shall henceforth be referred to as they were arrayed before the Trial Court.

3. The suit in O.S. No.86/2016 was filed for partition and separate possession of plaintiff’s half share in the suit schedule property. The plaintiff claimed that she and the defendants were siblings and children of Sri. Parappa and Smt. Basavva. She claimed that her father Parappa died on 18.12.2007 and her mother died on 18.11.2010. She claimed that she and the defendants were members of the joint family which possessed suit items No.1 to 5. She claimed that the suit properties fell to the share of Parappa at a partition between him and his brothers and sisters. In so far as the suit item No.6 was concerned, she claimed that it was purchased by Sri.Parappa from out of the income derived

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