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HIGH COURT OF KARNATAKA
MR ASHOK S.KINAGI, J
SRI SANN KATAPPA @ BHEEMAPPA – Appellant
Versus
SMT ERAMMA WIFE OF SANNA KATAPPA @ BHEEMAPPA – Respondent
| Table of Content |
|---|
| 1. hindu law asserts female heirs' coparcenary rights. (Para 1 , 4 , 10 , 12 , 14) |
| 2. the claim of partition stemmed from ancestry. (Para 3 , 5 , 6) |
| 3. the defense leveraged partition as a claim of exclusive ownership. (Para 9 , 11) |
| 4. court confirmed shared ownership despite partition claims. (Para 13) |
| 5. the appeal was dismissed, confirming lower court findings. (Para 15) |
JUDGMENT
This second appeal is filed by the appellant challenging the judgment and decree dated 18.03.2008, passed in O.S.No.74/2007 by the Civil Judge (Jr.Dn.) and JMFC at Jagalur, confirmed by the judgment and decree dated 30.07.2014 passed in R.A.No.48/2010 by the Prl. Senior Civil Judge at Davanagere.
2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. The appellant is defendant No.2, respondent Nos.1 and 2 are plaintiff Nos.1 and 2 and respondent Nos.3 and 4 are defendant Nos.1 and 3.
3. The brief facts leading rise to filing of this appeal are as under:
The plaintiffs filed a suit for partition and separate possession against the defendants. It is the case of the plaintiffs, that the plaintiffs and defendants are the members of Hindu Undivided Family
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