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2025 Supreme(Kar) 1283

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ASHOK S.KINAGI
Krishna s/o. Shrinivas deshpande – Appellant
Versus
Sangeeta w/o. Rajshekar lakamanhalli – Respondent


Advocates Appeared:
For the Appellant :SRI. G.R. GURUMATH, SR. COUNSEL FOR SRI. S.S. NIRANJAN, ADVOCATE)
For the Respondent:SRI. HEMANTKUMAR L HAVARAGI, SRI. VINAYAK Y. PATIL, ADVOCATE

JUDGMENT :

ASHOK S. KINAGI, J.

This Regular First Appeal and Cross objection arise out of the judgment and decree dated 02.04.2016 passed in O.S.No.190/2014 by the learned III Additional Senior Civil Judge, Hubballi.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. In RFA No. 100056/2017, Appellant No.1 was defendant No.3, appellant No.2 is the legal representative of defendant No.4, Respondent Nos.1 to 4 were the plaintiffs, and respondent Nos.5 to 6 were defendants Nos. 1 and 2. In RFA CROB 100004/2019, the Cross Objector was Defendant No. 2, Respondents No. 1 to 4 were the plaintiffs, and the other respondents were the other defendants.

3. Brief facts, leading rise to the filing of this Regular First Appeal, and the Cross Objection are as follows:

4. The plaintiffs filed a suit against the defendants for partition and separate possession of their 4/6th share in the suit schedule property by metes and bounds. It is the case of the plaintiffs that one Channabasappa was the original propositus. The plaintiffs are the sons and daughters of defendant Nos.1 and 2. The suit schedule property originally belonged to Shringeri Math. The grandfath

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