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2023 Supreme(Online)(KAR) 7258

BENCH AT DHARWAD
SMT SUNANDA RAGHUPATI HEGDE – Appellant
Versus
SMT BHAGIRATI – Respondent


Challenging judgment and decree dated 05.01.2007

passed by Civil Judge (Sr.Dn.), Sirsi, in R.A.no.87/1995 dismissing

appeal confirming judgment and decree dated 28.09.1995 passed by

Addl. Munsiff, Sirsi, in O.S.no.64/1989, this appeal is filed.

Appellants herein were defendants no.1 and 2, while

respondents no.1 and 2 herein were defendants no.4 and 3 in original

suit. Original plaintiff died during pendency of first appeal.

3.

O.S.no.64/1989 was filed seeking for declaration that

plaintiff would not be affected by revenue entries illegally made on

basis of partition deed dated 08.02.1992 and for permanent injunction

restraining defendants from interfering with plaintiff's peaceful

possession and enjoyment over suit schedule property. It was further

prayed that in case, plaintiff was found to be not in possession of suit

properties, for possession of suit properties from defendants no.1

and 2.

4.

In plaint, it was stated that plaintiff was absolute owner of

suit schedule properties, defendants no.1 and 3 were his daughters,

3

defendant no.4 his wife and defendant no.2 was his son-in-law. It was

stated that since he had no male issues, defendant no.2 was treated

with love and affe

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