HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR
SANDEEP RAMAKANT BHAT – Appellant
Versus
JANARDHAN S/O NARAYAN PRABHU – Respondent
JUDGMENT
1. This second appeal is filed by plaintiff No.2 challenging the judgment and decree dated 20.02.2020 passed in R.A.No.26/2019 on the file of the Senior Civil Judge, Bhatkal and the judgment and decree dated 02.01.2019 passed in O.S.No.37/2016 on the file of the Principal Civil Judge, Bhatkal.
2. For the purpose of convenience, ranking of the parties is referred to as per their status before the trial Court.
3. Respondent No.4 is plaintiff No.1. Plaintiff Nos.1 and 2 have filed suit for partition and separate possession claiming 1/4th share in the suit schedule properties. The genealogy is as follows:
GENEOLOGY Narayan Pundalik Prabhu (Propositus, dead)
Laxmidevi (Wife, dead)
Mahamaya Janardhan Gajanan Raghuram @Ratnabai (Deft.1) (Deft.2) (Deft.3)
Ramakant (Husband, Plt.3)
Santosh (Plt.1) Sandeep (Plt.2)
4. The plaintiffs have contended that suit properties are self acquired properties of original propositus-Narayan Pundalik Prabhu. The defendants are contending that the suit schedule properties are ancestral properties. Both the trial Court and the first appellate Court have held that the suit schedule properties are joint family properties and ancestral properties. The finding o
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