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2025 Supreme(Online)(KAR) 9227

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ASHOK S. KINAGI, UMESH M ADIGA, JJ
BALAPPA @ BALACHANDRA BHOVI S/O BHIMAPPA SINCE DECEASED BY HIS LR’S. – Appellant
Versus
SMT. YALLAWWA BHOVI @ JATBHOVI W/O GADIGEPPA – Respondent


Advocates:
For the Appellants/Petitioners: C.S SHETTAR
For the Respondents: SHRIDHAR HIREMATH, PRASHANT MATHAPATI, MALLIKARJUNSWAMY HIREMATH, G.V.RAMANAGOUDAR, MRUTYUNJAYA S HALLIKERI, SHIVARAJ C BELLAKKI

Table of Content
1. parties and their relationships in the case. (Para 1 , 3 , 11)
2. defendants' arguments regarding property entitlement. (Para 5 , 13 , 14)
3. court's assessment of the trial court's findings. (Para 10 , 12 , 15)
4. determination of property status and entitlement. (Para 18 , 22 , 29)
5. court's final order and dismissal of the appeal. (Para 24 , 30)

ORAL JUDGMENT

This regular first appeal is filed by the appellants challenging the judgment and preliminary decree dated 15.03.2019 passed in O.S. No.394/2013 by the learned I Additional Senior Civil Judge, Gokak.

3. Brief facts leading rise to the filing of this appeal are as follows:

4. Defendant Nos.7 to 10, despite service of notice, have remained unrepresented and they were placed exparte.

6. Defendant No.4 filed a written statement denying the averments made in the plaint, except admitting the relationship. Defendant No.4 reiterated the written statement averments filed by defendant No.1 and accordingly, prays to dismiss the suit.

8. Defendant Nos.2, 3, 5 and 6 filed a memo adopting the written statement filed by defendant No.4.

ISSUES

2. Whether defendant Nos.2 to 6 proves that already there is a legal partition in respect

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