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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