HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
SMT K R LAXMIDEVI – Appellant
Versus
BHIMA RAO – Respondent
&
DECREE
DTD:
17.7.2013
PASSED
IN
R.A.NO.126/2010 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, SAGAR, ALLOWING THE APPEAL AND
- 4 -
MODIFYING THE JUDGEMENT AND DECREE DTD 15.3.2010
PASSED IN OS.NO.115/2007 ON THE FILE OF THE SENIOR
CIVIL JUDGE, SAGAR.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The captioned second appeal is filed by defendant
No.4 feeling aggrieved by the judgment and decree of the
Appellate Court wherein Appellate Court has declined to
grant share to the defendant No.4 on the premise that she
was born in 1949 and that her marriage was solemnized
much prior to amendment to Section 6(A) of Hindu
Succession Act. Consequently, 1/5th share granted by the
trial Court is reversed thereby declining share to defendant
No.4.
For the sake of brevity, the parties are referred
to as per their rank before the trial Court.
The family tree is as under:
- 5 -
Rangappa Jois (Husband)
(Died 1970)
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Meenakshamma
Gangamma (2nd wife)
(Died) (1st Wife)
(Died 2005)
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Krishnamurthy
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Son (Died)
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