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2025 Supreme(Kar) 1685

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Malleshappa, S/o Late Sannegowda – Appellant
Versus
Puttamma, D/o Late Rangappa – Respondent


Advocates Appeared:
For the Appellant : SRI. KESHAV R. AGNIHOTRI, ADV.
For the Respondent: SRI. VEERESHA K, ADV.

j

JUDGMENT :

K.S. HEMALEKHA, J.

The present regular first appeal is preferred by the plaintiffs assailing the judgment and decree dated 05.03.2022 in O.S.No.123/2014 on the file of the Senior Civil Judge and JMFC, Sira (hereinafter referred to as 'the trial Court' for short). By the impugned judgment and decree the trial Court dismissed the suit for partition and separate possession.

2. The brief facts of the case are as follows:

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3. The original propositus had 3 children Rangappa, Sannegowda and Parvethegowda. The plaintiffs are the children of Sannegowda. Defendant Nos.1 to 9 are the children of Rangappa. Defendant Nos.10 to 13 are the children of Parvethegowda.

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4. The suit was for partition and separate possession seeking 1/3rd share in Sy.No.88 measuring 7 acres 33 guntas situated at Mudigere Kaval, Kasaba Hobli, Sira Taluk (hereinafter referred to as 'the suit property' for short). The plaintiffs aver that the suit property was purchased under a registered sale deed in the name of their brother late Parvathegowda since Rangappa and Sannegowda were illiterates and Parvathegowda was an educated person. It is averred that during the lifetime of Rangappa, Sannegowda and Parvathegowda,

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