HIGH COURT OF KARNATAKA
MR. JUSTICE SREENIVAS HARISH KUMAR, MR. JUSTICE T. G. SHIVASHANKARE GOWDA, JJ
MADIVALAPPA SON OF KARIYAPPA MUGABASAVA – Appellant
Versus
MOHAMMAD JAFAR SON OF HUSSAINSAB KALLIMANI – Respondent
| Table of Content |
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| 1. defendant no.5 filed the written statement (Para 6 , 7 , 8 , 9 , 10 , 11) |
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR) The judgment in O.S.No.72/2011 on the file of I Additional Senior Civil Judge, Dharwad has given rise to these two appeals, one by the plaintiff and the other by the 7th defendant in the suit. RFA.No.100028/2015 is filed by the 7th defendant and RFA.No.100029/2015 is filed by the plaintiff. After the death of the appellant in RFA.No.100029/2015 his daughter Leena came on record as legal representative. Respondents 6 and 7 namely Beena and Kiran are also treated as legal representatives. Appellant’s wife Shashikala was impleaded as Respondent no.8.
2. In RFA No.100028/2015 the plaintiff was arrayed as respondent no.7 and in this appeal, Shashikala and Leena were impleaded as his legal representatives.
3. The material facts pleaded by the plaintiff are like this:
The name of plaintiff’s wife is Shashikala. Defendant no.6 Beena is plaintiff’s daughter and defendant no.7 Kiran is his son. The suit properties consist of agricultural lands in Block nos.49, 50, 51, 54, 56, 57 and 142 of Yattinagudda village, Dharwad Taluk. The measureme
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