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2025 Supreme(Online)(KAR) 9566

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR JUSTICE RAVI V HOSMANI, J
Sri Nanjundaswamy, S/o Chikkananjaiah – Appellant
Versus
Smt. Gowramma, W/o Mahadevappa @ Murthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :(BY SRI. N. JAGADISH BALIGA, ADVOCATE)
For the Respondent:(BY SRI P NATARAJU, ADV. FOR R1) RESPONDENTS NO.2 TO 7 ARE SERVED, BUT UNREPRESENTED)

ORAL JUDGMENT

Challenging judgment and decree dated 04.07.2015 passed by V Addl. District and Sessions Judge, Mysuru, in RA no.428/2012 and judgment and decree dated 05.09.2012 passed by IV Addl. Senior Civil Judge, Mysuru, in OS.no.272/2009, this appeal is filed.

2. Brief facts as stated are, appellant was defendant no.6 in OS no.272/2009 filed by respondent no.1 (plaintiff) for partition and separate possession. In plaint, she stated suit properties were ancestral joint family properties of her father (defendant no.1). It was stated defendant no.1 had two wives. Plaintiff and Renuka were born to Smt.Akkamma (1st wife), among whom only plaintiff was alive. Defendant no.2 - Smt.Shivamma (2nd wife), who had two sons and one daughter namely, defendants no.3 to 5. It was further stated, defendants had joined together and sold item no.3 of suit properties to defendant no.6 under registered Sale Deed dated 27.06.2005. Though, plaintiff had share in suit properties and demanded her share, defendants no.1 to 5, postponed it on some pretext. Hence, suit was filed.

3. On receipt of suit summons, defendants no.1 to 4 filed written statement opposing suit on various contentions, such as, denying

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