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2025 Supreme(Online)(KAR) 212

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
MR. JUSTICE ASHOK S. KINAGI, MR. JUSTICE UMESH M ADIGA, JJ
Parappa Basavantappa Mulwad – Appellant
Versus
Nagawwa @ Laxmi W/o. Annappa Nagnur – Respondent


Advocate Appeared:
For the Appellant :SRI. SANTOSH B. RAWOOT, ADVOCATE
For the Respondent:SRI. CHETAN MUNNOLI, SMT. SURABHI KULKARNI AND SRI. RAGHUVEER R. SATTIGERI, ADVOCATES FOR R1 AND R2; R3 IS DELETED VIDE ORDER DATED 18.10.2019; R4 SERVED; SRI. SANTOSH S. HATTIKATAGI, ADVOCATE

Table of Content
1. defendant no.1's claims (Para 5 , 6 , 7 , 8)
2. trial court's findings (Para 9 , 10 , 11 , 12 , 15 , 16)
3. plaintiffs' support for judgment (Para 13 , 14)
4. evidence of plaintiffs (Para 17 , 18 , 19 , 20 , 21 , 22)
5. witness testimonies (Para 23 , 24 , 25)
6. trial court's conclusion (Para 26 , 27)
7. appeal outcome (Para 28)

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

Defendant No.1 in O.S.No.195/2013, has preferred this appeal against the judgment and decree passed in the said case dated 26th March 2019, on the file of learned Prl.Senior Civil Judge, Gokak, (for short, `trial Court’). 2. We refer to the parties as per their ranks before the trial Court.

3. Plaintiffs No.1 and 2 (respondents No.1 and 2 herein) have filed the suit contending that plaintiffs and defendant No.3 are daughters and son of defendants No.1 and 2; Defendant No.4 is the wife and defendants No.5 to 7 are children of defendant No.1, but there was no marriage between defendant No.1 and defendant No.4; Therefore defendants No.4 to 7 are not at all related to the family of plaintiffs and defendants No.1 to 3.

4. Plaintiffs further contended that suit schedule properties are ancestral joi

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