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2024 Supreme(Online)(KAR) 39569

HIGH COURT OF KARNATAKA
E.S. INDIRESH, J
SYED MOHAMMED GHOUSE PASHA QUADRI – Appellant
Versus
SYED YASEEN PASHA KHADRI SINCE DEAD BY HIS LRS SYED SALMAN – Respondent


Petitioner Advocates:RAGHU PRASAD B S ,Respondent Advocate: SUBHASH SRINIVASA RANGACHAR

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE E.S.INDIRESH)

This Regular Second Appeal is filed by the defendant Nos.1 and 2, challenging the judgment and decree dated 31.07.2020 passed in RA No.34 of 2018 on the file of the I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, (for short, hereinafter referred to as 'First Appellate Court') allowing the appeal and setting aside the judgment and decree dated 03.02.2018 passed in OS No. 119 of 2006 on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, (for short, hereinafter referred to as 'Trial Court') dismissing the suit of the plaintiff.

2. For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

3. The plaint averments in brief are that, the grandfather of the plaintiff-Lakshmaiah Reddy, had three children namely, M.L. Hanumappa Reddy, M.L. Ramaiah Reddy and M.L.Narayanaswamy. It is further stated that, there was a partition in the joint family, in which, father of the plaintiff was allotted 'C' Schedule in the family partition as per the registered Partition Deed dated 30.06.1971. It is further stat

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