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KARNATAKA HIGH COURT
H.T. NARENDRA PRASAD, J
SMT H S GEETHA – Appellant
Versus
SMT CHANDHRAKALA – Respondent
| Table of Content |
|---|
| 1. appellant challenges trial court dismissal of partition suit. (Para 1 , 2) |
| 2. claim to joint family property based on descent and historical partition. (Para 4) |
| 3. defendants contend property is not subject to partition due to a will. (Para 5) |
| 4. trial court ruling indicates disputes over joint property ownership. (Para 6 , 10) |
| 5. court allows appeal based on new evidence and remits case for reconsideration. (Para 7 , 8) |
ORAL JUDGMENT
2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The plaintiff filed a suit for partition and separate possession, claiming that the plaintiff and defendants are Hindu Joint Family Members. One Rudrappa H.B. is the predecessor. One Sarojamma is the wife of H.B.Rudrappa. Rudrappa had three daughters and four sons. Among them, there was a partition. One of the son of H.B.Rudrappa is H.R.Swamy. He had seven daughters and four sons. The plaintiff - H.S.Geeta is one of the daughters of H.R.Swamy. She filed a suit for partition against her sisters and brothers in the property which belongs to her father H.R.Swamy. He acquired the said property in the partition between his brothers.
5. O
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