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HIGH COURT OF KARNATAKA
E.S.INDIRESH, RAMACHANDRA D. HUDDAR, JJ
SHRI. ALLAWALLI S/O. BAKASHARSAB SHAIKH, SINCE DECEASED BY HIS LRs. – Appellant
Versus
SMT. KHAIRUNBI W/O. HASHEMPATIL PANDRE – Respondent
| Table of Content |
|---|
| 1. primary issues of inheritance and property rights under mohammadan law. (Para 3 , 4) |
| 2. arguments regarding the validity of sale transactions and defendant's claims. (Para 9 , 10) |
| 3. court's findings on the legitimacy of property deeds and registrations. (Para 12 , 13) |
| 4. clarification of legal requirements for asserting sale deed validity. (Para 15 , 17) |
| 5. decision affirming dismissal based on procedural grounds and lack of evidence. (Para 19) |
JUDGMENT
This First Appeal is preferred by plaintiff Nos.2 to 6, challenging the judgment and decree dated 12.12.2017 passed in Original Suit No.35/2016 on the file of the II Additional Senior Civil Judge and JMFC Court, Hubballi (for short, hereinafter referred to as ‘Trial Court’), dismissing the suit of the plaintiff.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
3. It is the case of the plaintiffs that, original propositus Herusab died leaving behind three children namely Baksharasab (husband of plaintiff No.1), Alisab (father of defendant Nos.3 and 4) and Rajesab (father of defendant No.13). It is the case of the plaintiffs that, the suit schedule properties are belo
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