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2024 Supreme(Online)(Kar) 37094

KARNATAKA HIGH COURT
SMT. RATNAMMA – Appellant
Versus
SRI. M. VENKATESH – Respondent


ORDER

This petition by respondent Nos.6 to 11 in FDP No.93/2012 on the file of the XXII Addl. City Civil & Sessions Judge, Bengaluru, is directed against the impugned order dated 19.12.2023 whereby the application – I.A.No.3 filed by respondent Nos.1 to 4 – petitioner in FDP No.93/2012 seeking modification of the preliminary decree passed in their favour by enhancing their shares in terms of the judgment and decree of the Apex Court in the case of Vineeta Sharma Vs. Rakesh Sharma and others – AIR 2020 SC 3717 was allowed by the Court.

2. Heard learned counsel for the petitioners and perused the material on record.

3. A perusal of the material on record will indicate that respondent Nos.1 to 4, who are petitioners in FDP No.93/2012 filed the said FDP to enforce the Preliminary Decree dated 21.10.2008 passed by this Court in RFA No.544/2000. During pendency of the said FDP, which were initiated in the year 2012, respondent Nos.1 to 4 filed the instant application – I.A.No.3 seeking modification of their shares by enhancing the same in terms of the judgment of the Apex Court in Vineeta’s case supra. The said application having been opposed by the petitioners herein, the Trial Court came

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