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2023 Supreme(Online)(KAR) 14836

HIGH COURT OF KARNATAKA
H.P.SANDESH
SMT. ANJINAMMA – Appellant
Versus
SMT. OBAMMA – Respondent


This matter is listed for admission. Heard the learned

counsel appearing for the appellant.

2.

This appeal is filed challenging the judgment and

decree dated 08.02.2019 passed in R.A.No.38/2015 on the file of

the I Additional District and Sessions Judge, Bengaluru Rural

District, Bengaluru and the judgment and decree dated

21.02.2015 passed in O.S.No.1178/2005 on the file of the

Principal Senior Civil Judge, Bangalore Rural District, Bengaluru.

3.

The appellant is the plaintiff before the Trial Court

and appellant in the First Appellate Court who had filed the suit

seeking the relief of partition claiming that defendant No.1

alienated the property in the year 1979 in favour of defendant

No.4 and the said fact comes to light in the year 2005 and

hence, the suit is filed within the time and the alienation made

by defendant No.1 without the consent of the appellant herein in

respect of the suit schedule property is not binding and a share

has to be allotted in favour of the plaintiff. The Trial Court after

considering the oral and documentary evidence of both the

5

parties, dismissed the suit. Being aggrieved by the judgment

and decree passed in O.S.No.1178/2005, an appeal is filed

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