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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
YAMANAPPA S/O. KALLEPPA TEMMINAL – Appellant
Versus
SMT. GYANAMMA W/O. PRASAPPA VANDALI – Respondent
| Table of Content |
|---|
| 1. court observations on trial proceedings and relationships. (Para 1 , 3 , 7) |
| 2. details of parties involved in partition suit. (Para 2 , 4 , 6) |
| 3. arguments regarding the validity of the partition and counterclaims. (Para 9 , 10) |
| 4. ratio on partition validity post-amendment. (Para 14 , 15) |
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. This appeal is by the defendants No.2 and 8 being aggrieved by the judgment and decree dated 05.04.2023 passed in O.S.No.574/2015 on the file of Senior Civil Judge and JMFC, Kushtagi (for short, ‘Trial Court’), by which the Trial Court decreed the counterclaim made by defendants No.3 and 4 holding each of them being entitled 1/7th share in the suit schedule ‘B’ properties. The said judgment and decree is confirmed by judgment and order dated 31.01.2025 passed in R.A.No.118/2023 on the file of Additional District and Sessions Judge FTSC-1, Koppal (for short, ‘First Appellate Court’).
2. The above suit is filed by plaintiff/respondent No.1 herein for partition and separate possession claiming 1/7th share in the suit schedule ‘B’ properties contending inter alia that defendant No.7 - Kallappa is the propositus of the family and Duragamma –
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