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
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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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