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2023 Supreme(Online)(KAR) 16732

BENCH AT KALBURAGI
SUVARNA W/O LATE SANGAPPA AND ORS – Appellant
Versus
SMT. SHARNAMMA AND ORS – Respondent


This second appeal is by Sangapa’s wife Suvarna and

her five children who were defendant Nos.2 to 7 in the

suit.

Sharanamma, Vijayalaxmi, Basamma and Danamma

the four daughters of Parutappa and Mahadevi, instituted

a suit against their sister-in-law Suvarna and her five

children

and

also

against

their

brother

Gurunath

(defendant No.8) and two sisters Shivubai and Savitri

seeking for partition in respect of land bearing Sy.Nos.26

and 25, apart from a house property and an open plot.

They contended that the suit properties were joint

family properties and their father Parutappa had acquired

the same in the year 1975-76 and on his death, they had

succeeded to the same and were enjoying the property

jointly. It was stated that their brother Sangappa had

nominally got mutated his name in respect of half the

portion of the suit property (B) and the remaining half was

- 5 -

mutated in favour of the other brother Gurunath. It was

stated that on the death of Parutappa, since they had

succeeded to the same equally, they were entitled to an

equal share.

The suit was contested by their sister-in-law Suvarna

(defendant No.2) and her children. In the written

statement filed by Suvarna, the r

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