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2023 Supreme(Online)(KAR) 7256

BENCH AT DHARWAD
SHRISHAILAPPA APPAYAPPA KARADESAI SINCE DECEASED – Appellant
Versus
GURUPADAPPA APPAYYAPPA KARADESAI SINCE DEAD BY LRS – Respondent


The

captioned

second

appeal

is

filed

by

the

unsuccessful plaintiff, who has questioned the concurrent

findings of the Courts below.

For the sake of brevity, the parties are referred to

as per their rank before the Trial Court.

- 4 -

The family tree of the parties is as under:

Appayya (dead)

Neelamma (Dead)

Gurupadappa D1 Akkamma Danavva Shrishailappa (Pltf)

Parwatavva

=Champavva D1a

=Shoba P1a

1) Mahadevi D1b

1) Vidya P1c

2) Sumangala D1c

2) Banashankari P1b

3) Kalavathi D1d

3) Mangal P1d

4) Hema D1e

4) Appayya P1e

5) Basavaraj D2

5) Krishna P1f

6) Shankar D3

The plaintiff has instituted the present suit

seeking the relief of declaration that he is the absolute owner

in possession of the suit property and that the suit property

was admittedly a joint family property, which was purchased

in the name of defendant No.1 on behalf of the joint family.

The plaintiff claimed that after the death of his father,

Appayya, there was a partition in joint family properties and

accordingly, suit property bearing Gram Panchayat No.385

was also partitioned and in the said partition, southern half

- 5 -

portion was allotted to the share of plaintiff and norther

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