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
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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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