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2023 Supreme(Online)(KAR) 6069

BENCH AT DHARWAD
SOMAPPA @ SOMALINGAPPA S/O SANGAPPA ENNI, – Appellant
Versus
SHIVANAND S/O SOMAPPA @ SOMALINGAPPA ENNI – Respondent


This appeal is filed by the appellants challenging the

judgment and preliminary decree dated 31.10.2014 passed

by the learned Senior Civil Judge, Saundatti, in O.S.

No.11/2013.

For the sake of convenience, the parties are

referred to as per their ranking before the trial Court.

The appellants are defendant Nos.1 and 3 to 5.

1st respondent is the plaintiff and 2nd respondent is the 2nd

defendant. The plaintiff filed a suit for partition and separate

possession. It is the case of the plaintiff that, the plaintiff

and defendant No.1 are the members of the Hindu undivided

family and the suit schedule properties are the ancestral

properties of the plaintiff and defendant No.1. No partition is

effected between the plaintiff and defendant No.1. The

plaintiff requested defendant No.1 to effect a partition but

defendant No.1 refused to effect a partition. Hence, the suit.

Defendant No.1 filed written statement denying

the averments made in the plaint. It is contended that

- 4 -

Sy.No.216/B measuring 8 acres 4 guntas was entered in the

name of the Government and name of the plaintiff is entered

within brackets. The plaintiff is not in possession of the

property along with the defen

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