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2023 Supreme(Online)(KAR) 19208

HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
SMT. HEMAVATHI – Appellant
Versus
SRI. AKKALAPPA – Respondent


1. The captioned second appeal is filed by unsuccessful

plaintiffs questioning the concurrent findings of the Courts

below, wherein plaintiff's suit for partition and separate

possession is dismissed by both the Courts below.

2. For the sake of brevity, the parties are referred as they

are ranked before the Trial Court.

3. Family tree of the family is as under:-

Ugrappa

Venkatamma

Krishnappa H.V.Narayanaswamy Akkalappa

Laxmidevamma (late)

Hemavathi Balaji Narasimha Murthy

4. The plaintiffs have filed the present suit against their

father, i.e., defendant No.1, by contending that the suit

schedule properties are joint family ancestral properties

- 4 -

and that defendant No.1 is the manager of the family.

Plaintiffs claimed that Sy.No.61/3 was a tenanted land,

and their grand father, Ugrappa, after the coming into

force of the Land Reforms Act, filed Form No. 7, and the

Land Tribunal granted occupancy rights in respect of item

No.1 bearing Sy.No.61/3 vide order dated 26.02.1981.

Therefore, plaintiff contended that these properties are

joint family ancestral properties and defendant No.1 had

no authority to alienate the s

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