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2023 Supreme(Online)(KAR) 23247

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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