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2024 Supreme(Online)(KAR) 35985

HIGH COURT OF KARNATAKA
MRS JUSTICE K.S. HEMALEKHA, J
SMT.TUNGAMMA W/O RAMARADDI KIRESUR – Appellant
Versus
SMT.JAYALAKSHMI W/O BALAKRISHNAGOUDA TIMMANAGOUDRA – Respondent


Petitioner Advocates:B V SOMAPUR ,Respondent Advocate:

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA)

Defendants are before this Court in the regular second appeal assailing the concurrent findings of facts recorded by the Courts below, wherein, the suit for partition and separate possession came to be decreed awarding 1/5th share in the suit property.

2. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent and perused the material on record.

3. The genealogy of the parties is culled out as under:

4. Plaintiff is the wife of Thimaraddi and mother of Plaintiff Nos.2 to 4 and one Ramaraddi, defendant Nos.1 to 3 are the children of Ramaraddi. The case of the plaintiffs is that, after the death of Timmaraddi, his son Ramaraddi was managing the family properties, and entered his name in the revenue records exclusively and on his death, defendants name has been entered, there is no partition between the sons of Thimaraddi, entry of the name of Ramaraddi and his sons in the revenue records is without partition, plaintiffs are entitled for 1/5th share each in the suit schedule property.

5. Defendants plea is that the name of Ramaraddi i.e., the father of the defendants was entered in

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