HIGH COURT OF KARNATAKA
H.P.SANDESH
ARUNA – Appellant
Versus
SRI. V. MUNIYAPPA – Respondent
This matter is listed for admission today. Heard the
learned counsel for the appellants and the learned counsel for
the respondent.
2.
This appeal is filed challenging the judgment and
decree dated 24.10.2016, passed in R.A.No.74/2011, on the file
of the I Additional District and Sessions Judge, Kolar.
3.
The factual matrix of the case of the plaintiffs in
O.S.No.223/2005 before the Trial Court is that the suit schedule
properties are the joint family properties and the same belongs
to their father Venkatappa and he was the manager and kartha
of the family and in some of the suit schedule properties,
Venkatappa cultivated the lands as a tenant. Accordingly,
Venkatappa filed Form No.7 before the Land Tribunal, Kolar in
LRF No.538/1974-75. After enquiry, the said land was granted
3
by the Land Tribunal, Kolar in favour of the defendant, who is
the elder member of the family. After the death of Venkatappa,
some of the properties acquired out of joint family funds, the
same was registered in the name of the defendant, who is the
manager of the family. Due to woman folk, plaintiff No.1 and
defendant are having separate messes for the past ten years and
the suit schedule properties
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