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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