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2025 Supreme(Kar) 815

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.SOMASHEKAR, VENKATESH NAIK T, JJ
Sarala, D/o Late. P. Siddappa – Appellant
Versus
Padmavathi, W/o S. Jagadish Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI K K VASANTH, ADVOCATE
For the Respondent:SRI P D SURANA, SRI S V MANJUNATH, ADVOCATE

JUDGMENT :

VENKATESH NAIK T., J.

This appeal is filed by the appellants/defendant Nos.5, 6, 7, 8 and 9 challenging the order dated 22.11.2024 passed in FDP No.82/2020 by learned I Additional City Civil and Sessions Judge, Bengaluru (CCH-2).

2. For the purpose of convenience, the parties are referred to as per their rankings before the trial Court. The appellants are defendant Nos.5 to 9 and the respondents are plaintiff Nos.1, 2 and defendant Nos.3, 1, 2 and 4 respectively.

3. The brief facts of the case are that respondent Nos.1 and 2 (plaintiffs) had filed FDP No.82/2020 against the appellants and other respondents before FDP Court, to draw a final decree for separation of their share of 973/2520 in respect of the suit schedule properties and for separate possession and also mesne profits of their share pursuant to the judgment and decree passed in O.S.No.5633/2000 dated 07.04.2014 and the judgment and decree passed in RFA No.916/2014 dated 15.05.2020, modifying the share. The appellants being defendant Nos.5 to 9 in FDP No.82/2020 filed their statement of objections to the application filed under Order XX Rule 18 of CPC before FDP Court. In FDP proceedings, respondent Nos.1 and 2 ha

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