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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
MS J.M.KHAZI, J
SMT ERAMMA W/O LATE SHANKERAPPA, GOUDAPPA S/O LATE SHANKERAPPA, SMT.USHADEVI W/O LATE BHIMRAO, SANGAPPA S/O LATE BHIMRAO, MADEPPA S/O LATE BHIMRAO, MANIK PRABHU S/O LATE BHIMRAO, SMT.MAHADEVI W/O JAGANNATH, RAMSHETTY S/O LATE SHANKERAPPA, SMT.SANGEETA W/O RAVI KALLUR, SMT.KALAVATI W/O RACHAPPA DESHETTY, KALYANRAO S/O SANGAPPA HALIDODDI – Appellant
Versus
JAGAMMA W/O LATE ANNEPPA HALIDODDI – Respondent
| Table of Content |
|---|
| 1. assertion of joint ownership in a suit for partition contested by evidence of sole ownership. (Para 3 , 4 , 5) |
| 2. history of family arrangements and previous claims influencing current litigation. (Para 6 , 7) |
| 3. discussion on evidence presented supporting or refuting joint family property claims. (Para 8 , 9) |
| 4. determination of title based on property records and prior litigation validity. (Para 10 , 11 , 12) |
| 5. final ruling affirming dismissal based on preclusion from re-litigation under res-judicata. (Para 14 , 15) |
ORAL JUDGMENT
(PER: HON'BLE MS JUSTICE J.M.KHAZI)
Though this appeal is listed for admission, with the consent of both the learned counsel, it is taken up for final disposal.
2. For the sake of convenience, the parties are referred to as per their ranks before the Trial Court.
3. This regular second appeal is by the plaintiffs challenging the concurrent findings given by the Additional Civil Judge and J.M.F.C, Humnabad (hereinafter referred to as ‘the Trial Court’ for short) in O.S.No.34/2013 dated 22.06.2019 and the Senior Civil Judge and J.M.F.C, Humnabad (hereinafter referred to as ‘the First Appellate Court’ for short) in R.A.No.31/2019 dated 22.09.2020
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