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2025 Supreme(Kar) 1354

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
ASHOK S.KINAGI,
Yamanappa S/o Irappa Khangoudar – Appellant
Versus
Shivaleela W/o Basappa Jakkappannavar – Respondent


Advocates Appeared:
For the Appellant : B.S. Kamate
For the Respondent: Shrikant T. Patil

JUDGMENT :

ASHOK S. KINAGI, J.

1. This appeal is filed by defendant No.4 challenging the judgment and preliminary decree dated 06.12.2018 passed in O.S. No.180 of 2015 by the learned Additional Senior Civil Judge and JMFC, Athani (for short ‘the Trial Court’).

2. For convenience, the parties are referred to based on their ranking before the Trial Court. The appellant was defendant No.4 and respondents No.1 and 2 were the plaintiffs and other respondents were defendants No.1 to 3.

3. Brief facts leading raise to the filing of this appeal are as follow.

4. The plaintiff filed a suit against the defendants for partition and separate possession regarding the suit schedule property. It is the case of the plaintiff that one Sri. Mallappa Bapu Jakkappanavar was the original propositus. He had four children, viz., defendants No.1 to 3 are the daughters and the husband of plaintiff No.1 by name Basappa is the son.

5. The said Basappa died on 04/08/2004 leaving behind the plaintiffs as his legal heirs. The original propositus died on 29.09.2012. It is stated that on 07/08/2003 the husband of plaintiff no. 1, basappa and the mother of basappa, i.e., housavva, executed a sale deed in favour of defen

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