KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SMT NARAYANAMMA – Appellant
Versus
SRI T N CHANDRAIAH – Respondent
DATED
26.11.2021 PASSED IN APPLICATION FILED BY THE
PETITIONER HEREIN FOR ENHANCEMENT OF SHARE OR
3
EQUAL SHARE ON PAR WITH SON IN FDP NO.1/2010 ON
THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT
ANEKAL VIDE ANNX-A.
THIS
WRIT
PETITION
COMING
ON
FOR
PRELIMINARY HEARING, THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
The petitioner's application in FDP No.01/2010 on
the file of the Principal Civil Judge and JMFC, Anekal
(for short, 'the civil Court') is rejected by the impugned
order dated 26.11.2021. The civil Court by this
impugned order has not only rejected the petitioner's
application for enlargement of shares granted in terms
of the preliminary decree confirmed in an appeal by this
Court but has also directed drawing up of final decree in
terms of the sketch filed by the Commissioner along
with his report dated 22.04.2019. The petitioner's
application, which is for enlargement of shares based on
the decision of the Hon'ble Supreme Court in Vineeta
Sharma v. Rakesh Sharma reported in 2020 (9) SCC
1, is rejected solely on the ground that the petitioner
4
has not produced any documents to show that she was
born prior to 1956.
Sri Fayaz Sab B.G., the learned counsel for the
petiti
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