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HIGH COURT OF KARNATAKA
M.G.S. KAMAL, J
MR NARAYANAPPA AGED ABOUT 79 YEARS S/O CHIKKAVENKATARAMANAPPA – Appellant
Versus
SMT ADEMMA AGED ABOUT 64 YEARS W/O KRISHNAPPA – Respondent
| Table of Content |
|---|
| 1. court's decision relied on established family relationships for property claims. (Para 1 , 2 , 3) |
| 2. defendants' claims of partition lacked substantive evidence. (Para 4 , 5 , 6 , 7) |
| 3. burden of proof of relationship rested on the plaintiffs. (Para 8 , 11 , 12) |
| 4. absence of evidence prompted dismissal of counterclaims. (Para 10 , 14 , 20) |
| 5. appeal dismissed due to lack of substantial questions. (Para 25) |
JUDGMENT
This appeal is by the defendants 2, 3, 10 to 22 aggrieved by the judgment and decree dated 23.01.2018 passed in O.S.No.243/2007 on the file of Principal Senior Civil Judge & CJM, Chickballapur (hereinafter referred to as 'Trial Court' for short) which is confirmed by the judgment and order dated 15.09.2022 passed in R.A.No.17/2018 on the file of Principal Judge, Family Court, Chikkaballapura (hereinafter referred to as 'First Appellate Court' for short).
2. The above suit in O.S.No.243/2007 is filed by the plaintiffs who are respondent Nos.1 to 8 in this appeal seeking relief of partition and separate possession of the suit schedule properties. It is the case of the plaintiffs that one Balappa the original propositus had 4 sons by name; (1) Bavanna, (2) Chik
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