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HIGH COURT OF KARNATAKA
H.P.SANDESH, J
SRI S. SATHYANARAYANA – Appellant
Versus
SRI S. RANGARAJU – Respondent
| Table of Content |
|---|
| 1. plaintiffs allege shared ownership of a property. (Para 3 , 4 , 5) |
| 2. court evaluates evidence focusing on oral and documentary testimonies. (Para 6 , 7 , 8) |
| 3. defendants assert partition and sale negate plaintiffs' claims. (Para 9 , 10 , 13 , 14) |
| 4. previous partition supported by admissions and written records. (Para 12 , 15) |
| 5. court concludes the appeal lacks merit and dismisses. (Para 17) |
JUDGMENT
2. This appeal is filed challenging the judgment and decree dated 03.03.2018 passed in R.A.No.186/2013 on the file of the IV Additional District Judge, Mysuru.
4. It is the contention of the plaintiffs in the suit that the suit schedule property is the joint family property of the plaintiffs and defendant Nos.1 to 3 and they are in joint possession of the same. Hence, they are entitled for 1/5th share each over the suit schedule property and also sought for the relief of permanent injunction against defendant Nos.4 and 5.
6. The Trial Court based on the pleadings of the plaintiffs and the defendants framed the issues and also given an opportunity to both the parties to lead their evidence.
8. The Trial Court after considering both oral and documentary evidence available on
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