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2024 Supreme(Online)(KAR) 28142

HIGH COURT OF KARNATAKA
E.S.INDIRESH
SMT SHAKEELA – Appellant
Versus
KHURSHID UNNISA – Respondent


Petitioner Advocates:VENKATESHA ,Respondent Advocate:

ORAL JUDGMENT

1. This appeal is preferred by the plaintiffs challenging the judgment and decree dated 29.01.2024 in R.A. No.48/2018 on the file of Additional Senior Civil Judge and J.M.F.C., Madhugiri dismissing the appeal and confirming the judgment and decree dated 16.03.2018 in O.S No.523/2012 on the file of the Principal Civil Judge &

J.M.F.C., Madhugiri dismissing the suit of the plaintiff. 2. For the sake of convenience, the parties shall be referred to as per their status before the Trial Court.

3. It is the case of the plaintiff that one Husman Khan was the owner of the schedule property and he had two children namely, Ismail Sab and Ibrahim Sab. Both the aforementioned sons are no more. It is stated in the plaint that the plaintiffs and defendant No.3 are the sons of late Ismail Sab and defendants No.1 and 2 are the daughters of Ibrahim Sab. It is further stated in the plaint that both the plaintiffs and defendants are the grand children of Husman Khan and therefore, as the grand father of Husman Khan gifted the suit schedule property in favour of defendant No.1 and 2 as per registered gift deed dated 15.01.1975, and in furtherance of the same, the defendants No.1 and 2 and

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