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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
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
4. After service of notice, the defendants entered appearance. Defendant Nos.1, 5, 7 and 10 remained absent and accordingly placed ex-parte. Defendant No.12 did not contest the matter despite appeared before the trial Court. Defendant Nos.2 to 5, 8, 9, 11 and 13 have not filed written statement. The defendant Nos.14 and 15 have filed written statement denying the averments made in the plaint and contended that the Baksharasab along with defendant Nos.3 to 11 have sold the suit schedule properties through registered sale deed and further averred that, transfer of consideration has been made at the time of execution of
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