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
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.
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 and the suit schedule properties are the ancestral properties of the plaintiffs and the defendants. It is contended that defendant No.2 had acquired the said properties under a registered partition deed, which took place between defendant Nos.1 and 2. Further, it is contended that defendant No.2 did not maintain the plaintiffs. Hence, the plaintiffs filed maintenan
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