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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
SRI. RAJESAB S/O. FAKEERSAB RAGHAPUR – Appellant
Versus
GAIBUSAB S/O. FAKEERSAB RAGHAPUR – Respondent
| Table of Content |
|---|
| 1. the suit highlights partition rights among legal heirs. (Para 1 , 6 , 8) |
| 2. appellant's arguments against the lower courts outlined. (Para 11) |
| 3. findings confirm inheritance rights under islamic law. (Para 13 , 15 , 16) |
| 4. rights of heirs under law confirmed. (Para 14) |
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. This appeal is by defendant No.1 being aggrieved by the judgment and decree dated 11.12.2017 passed in OS No.200/2012 on the file of the Principal Civil Judge and JMFC, Badami, by which suit of the plaintiff for partition and separate possession was decreed granting 1/3rd share, which is confirmed by the judgment and decree dated 01.10.2024 passed in RA No.38/2018 on the file of the Senior Civil Judge and JMFC, Badami.
2. The above suit is filed by the plaintiff-
respondent No.1 herein contending that the suit schedule property consisting of 4 items of landed properties belonged to one Fakeersab Raghapur who is the husband of defendant No.3 (now deceased) and father of plaintiff and defendant Nos.1 and 2. Upon his demise, the property was inherited by defendant No.3 as his wife, and Plaintiff, defendant Nos.1 and 2 as his sons. Thus Plaintiff being entitled
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