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
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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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