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2023 Supreme(Online)(KAR) 15875

BENCH AT DHARWAD
SMT. DUNDAWWA S/O LAXMAN MUDHOL – Appellant
Versus
SMT. GANGAWWA W/O RAVI KANAGAR – Respondent


This appeal is filed under section 96 read with Order

41 of the Code of Civil Procedure, 1908, by the plaintiff in

O.S.No.39/2016, challenging the judgment and decree

dated 28.04.2018, passed by the Prl. Senior Civil Judge

and JMFC, Mudhol, whereby the suit filed by the plaintiff is

dismissed.

For the sake of convenience, parties are

referred as per their ranking before the Trial Court.

The case of the plaintiff is that, Kariyappa Pujari

is the propositus, he died on 11.05.2003. His wife

Gangawwa died on 09.12.2007 leaving behind Gadigeppa,

Siddappa and Dundawwa, the plaintiff. Defendants No.1 to

3 are children of Gadigeppa. Further case of the plaintiff is

that, suit schedule properties are the joint family

properties. The plaintiff and the defendants are the

- 3 -

members of joint family. Since the plaintiff has a share in

the suit schedule properties, she demanded her share on

01.03.2016. The defendants denied her share. Hence she

has filed a suit for partition and separate possession.

Defendants No.1 to 3 appeared through counsel and filed

a common written statement, wherein they have denied

the relationship between the plaintiff and defendants. They

have also denied that t

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