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2023 Supreme(Online)(KAR) 8105

PRINCIPAL BENCH AT BENGALURU
SMT. REKHA – Appellant
Versus
SMT. RATHNAMMA – Respondent


This appeal is filed challenging the order dated

30.03.2023 passed on I.A.No.1 in O.S.No.239/2022 on the

file of the II Additional Senior Civil Judge and JMFC,

Davanagere.

2.

This appeal is listed for admission. Heard the

learned counsel appearing for the appellants.

3.

The case of the plaintiffs before the Trial Court

that they have filed the suit for the relief of 1/6th share

each in the suit schedule property. It is contended that

Kunduwada Danappa married one Muddamma and in the

said wedlock, they had three sons namely Kallappa,

Rudrappa and Hanumanthappa and two daughters namely

Annapurnamma and Adivemma. The said Danappa had

some ancestral properties. After the death of said

- 4 -

Danappa, his children got divided the properties and in the

partition, Hanumanthappa i.e., third son of Danappa had

been derived with a title over the land measuring 1 acre

15 guntas in Sy.No.45/2Cp, situated at Kunduwada

village, Davanagere. The said land is now given with new

number as Sy.No.45/9. The said Hanumanthappa married

two wives namely Rathnamma and Shobha i.e., defendant

Nos.1 and 2 and plaintiff Nos. 1 to 4 are the daughters of

said Hanumanthappa and his wives. It is contend

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