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2023 Supreme(Online)(KAR) 10080

BENCH AT DHARWAD
SMT NINGAVVA W/O HALAPPA KATTAGERI – Appellant
Versus
SMT NINGAVVA – Respondent


This appeal is filed challenging the judgment and

decree, dated 19.04.2007, passed in O.S. No.128/2003 on

the file of the Senior Civil Judge, Ranebennur (for short,

‘the Trial Court’).

The suit is filed for the relief of declaration of

title in respect of item No.1(a) of suit schedule properties

and item No.B and C of suit schedule properties. The suit

is dismissed. The genealogy, which is undisputed, is

reproduced at page No.2 of the impugned judgment.

The undisputed genealogy would disclose that

Kariyappa was propositus. He had a daughter by name

Mallawwa. Mallawwa was the sole heir of Kariyappa, who

died in 1967. Mallawwa died in 1993. Mallawwa had three

daughters and four sons. Mallawwa’s elder daughter

Gangavva is also no more. Gangavva’s daughter Ningavva

(plaintiff No.1), along with two other daughters of

Mallawwa viz., Shantavva (plaintiff No.2) and Ningavva

(plaintiff No.3) filed the above said suit. The elder son of

- 5 -

Mallawwa is also no more. His wife Ningavva is arrayed as

defendant No.1 and their children are arrayed as

defendants No.2 to 6. Defendants No.7, 8 & 9 are the

remaining three sons of Mallawwa.

The suit item No.1(a) property was purchased

by Mall

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