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2023 Supreme(Online)(KAR) 1478

HIGH COURT OF KARNATAKA
N S SANJAY GOWDA, J
SRI MADEGOWDA @ CHIKKAHYDEGOWDA, S/O SRI.DYAPEGOWDA, SINCE DEAD BY LRS. – Appellant
Versus
SMT KEMPAMMA, W/O DYAPEGOWDANA NINGEGOWDA SINCE DEAD BY LRS. – Respondent


Advocates:
For the Appellants/Petitioners: S.ANIL KUMAR
For the Respondents: Y K NARAYANA SHARMA

Table of Content
1. ownership dispute involving a family partition. (Para 1 , 2 , 16)
2. evidence and testimonies from court proceedings. (Para 8 , 9 , 15)
3. court's determination based on partition laws. (Para 10 , 17 , 18)

JUDGMENT

1. Madegowda @ Chikkahydegowda, son of Dyapegowda filed a suit against the wife and children of Ningegowda, his brother for a declaration that he was the owner of property bearing Sy.No.53/3 measuring 1 acre 23 guntas and 11 guntas, Sy.No.67/1 measuring 11 guntas and Sy.No.67/1B measuring 21 guntas which were situated at Peehalli Village, Arakere Hobli, Srirangapatna Taluk.

2. It was his case that Dyapegowda had two sons namely Ningegowda and Madegowda @Chikkahydegowda (plaintiff) and two daughters namely Ningamma and Kempamma. It was stated that Ningegowda died prior to 1956 leaving behind him, his widow namely Kempamma (defendant No.1) and two daughters namely Ningamma (defendant No.2) and Kempamma (defendant No.3). It was stated that both the daughters of Dyapegowda namely Ningamma and Kempamma were married during the life time of Dyapegowda before 1956 itself. It was also stated that Dyapegowda and his wife Nanjamma had also died prior to 1956 and as a

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