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2025 Supreme(Kar) 1349

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Shankareppa Ganagi S/o Ramappa – Appellant
Versus
Yallavva Patil W/o Basanagouda – Respondent


Advocates Appeared:
For the Appellant : Girish S. Hiremath
For the Respondents: Shaila Bellikatti, Balagouda A. Patil

JUDGMENT :

ASHOK S. KINAGI, J.

1. These Regular First Appeal, and the Cross Objections arise out of the judgment and decree dated 27.09.2018 passed in O.S.No.82/2016 by the learned Senior Civil Judge, Bailhongal (hereinafter referred to as ‘the trial court’ for short).

2. For convenience, the parties are referred to, based on their rankings before the Tribunal. The Appellants in RFA No.100531/2018 were defendant Nos.1 to 3, and respondent No.1 was the plaintiff, and the other respondents were defendant Nos.4 to 7.

3. Brief facts leading rise to the filing of this appeal, are as follows.

4. The plaintiff filed a suit against the defendants for a partition separate possession regarding the suit schedule properties. It is contended that one Yallappa- the Plaintiffs grandfather was the original propositus. He had two sons by name Basappa and Ramappa. The Plaintiff is the daughter of the deceased Basappa. The deceased Ramappa had two sons, namely, Yallappa and Shankareppa-defendant No. 1. Defendant No.2 is wife of defendant No.1, and defendant No.3 is the son of defendant Nos.1 and 2. Yallappa died leaving behind defendant Nos.4 to 7 as his legal heirs. The suit schedule properties are the a

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