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HIGH COURT OF KARNATAKA
MR. JUSTICE KRISHNA S. DIXIT, MR. JUSTICE G. BASAVARAJA, JJ
SRI. T. NARAYANA REDDY, S/O. LATE THIMMAIAH REDDY – Appellant
Versus
SMT. NIRMALA, D/O. T. NARAYANA REDDY – Respondent
| Table of Content |
|---|
| 1. original acquisition of properties by matriarch confirms joint ownership. (Para 2) |
| 2. arguments on property classification and admissions affecting claims. (Para 3 , 4) |
| 3. court's reasoning based on the doctrine of admissions and familial property. (Para 5 , 6) |
JUDGEMENT
This Appeal by Defendant Nos. 1 & 5, father & son seeks to lay a challenge to the judgement & Decree dated 18.12.2015 whereby the partition suit in O.S.No.2697/2010 filed by first Respondent- Smt. Nirmala has been decreed. Their operative portion reads as under:
“Suit of the plaintiff is decreed with costs.
The plaintiff is entitled to get 1/6th share in the suit properties by metes and bounds along with mesne profits.
Separate enquiry is to be held regarding mesne profits.
Draw preliminary decree accordingly.”
2. BRIEF FACTS OF THE CASE:
(a) One Smt.Eramma W/o Thimmaiah had bought suit properties vide registered sale deeds dated 10.4.1944, 10.6.1950 and 12.7.1953. Copies of these sale deeds are sought to be produced in the Appeal with leave of the Court vide Appellants’ Application filed under Order XLI Rule 27 of the Code of Civil Procedure, 1908 which merits to be allowed for the limited purpose of deci
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