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2023 Supreme(Online)(KAR) 3914

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)

|

-----------------------------------------------

|

|

Meenakshamma

Gangamma (2nd wife)

(Died) (1st Wife)

(Died 2005)

|

|

Krishnamurthy

---------------------------------------------------

Son (Died)

|

|

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