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KARNATAKA HIGH COURT
KRISHNA S DIXIT, MR JUSTICE RAMACHANDRA D. HUDDAR, JJ
SMT. D. SUMA – Appellant
Versus
SMT. YASHODAMMA – Respondent
| Table of Content |
|---|
| 1. appeal against dismissal of partition suit. (Para 1 , 2) |
| 2. issues framed in the trial court. (Para 3) |
| 3. partition validity and rights of parties. (Para 4 , 5) |
| 4. legal standing of parties and necessity of buyers. (Para 6 , 7) |
| 5. order for payment and conditions for acceptance. (Para 8) |
JUDGMENT
This appeal is directed against the judgment & decree dated 12.09.2008 whereby, the learned Civil Judge (Senior Division), Doddaballapur, has dismissed the partition in O.S.No.65/2003. After service of notice, respondent-defendants have entered appearance through their advocate.
2. FOUNDATIONAL FACTS:
(a) 1st appellant-Smt.D.Suma and minor daughter- Vybhava had filed O.S.No.65/2003 seeking a decree for partition of properties fully described in the suit schedule, claiming that they respectively happen to be widow and daughter of one late Mr.M.Harish. It was alleged in the plaint that the earlier partition of 1995 being fraudulent, did not bring disruption of joint status and therefore, the same was not binding.
(b) The defendants 1 to 6 who happen to be the respondents herein filed the Written Statement resisting the suit inter alia contending that the 1st plaintiff is not the wi
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