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2024 Supreme(Online)(KAR) 8844

HIGH COURT OF KARNATAKA
M.G.S. KAMAL, J
SMT. NEELAMMA, SMT. BHAGYAMMA – Appellant
Versus
SRINIVASAPPA, SINCE DEAD REP. BY LRS. – Respondent


Advocates:
For the Appellants/Petitioners: S. KRISHNASWAMY
For the Respondents: RAMAKRISHNA HEGDE, B.V. ANAND

Table of Content
1. plaintiffs seek partition of joint family properties. (Para 2 , 3 , 4)
2. first appellate court found item no.2 not joint family property. (Para 6 , 8)
3. arguments presented for ownership substantiation. (Para 9 , 10 , 12 , 13)
4. court evaluated evidence and dismissed the appeal. (Para 14 , 15 , 16)
5. final order affirmed no substantial question of law. (Para 17 , 18)

JUDGMENT

This appeal is by the plaintiffs being aggrieved by the judgment and order dated 14.11.2016 passed in R.A. No.1/2011 on the file of the I Additional District Judge, Kolar (hereinafter referred to as 'First Appellate Court' for short) to the extent declining to grant relief in respect of item No.2 of the suit schedule properties.

2. The plaintiffs filed suit in O.S.No.328/2008 seeking partition and allotment of 2/5th share in the suit schedule properties consisting of three items.

3. It is the case of the plaintiffs that one Sri.Kuteri Nanjappa and Smt.Rathnamma, the defendant No.1 are the parents of plaintiffs and defendant Nos.2 and 3. That defendant No.4 is the wife of defendant No.2. Thus, plaintiffs and defendants 1 to 4 constituted a joint family. That the suit schedule properties are the j

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