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2025 Supreme(Online)(Kar) 19914

KARNATAKA HIGH COURT
ASHOK S.KINAGI, J
Y S RAJASHEKARA – Appellant
Versus
SMT JANAKI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. SHIVARAMA BHAT O.
For the Respondents: SRI. P M PADMANABHA

Table of Content
1. (Para 1 , 2 , 3 , 5 , 6 , 8 , 9 , 10 , 11)

ORAL JUDGMENT

This Regular second appeal is filed by the appellants challenging the judgment and decree dated 10.07.2013, passed in R.A.No.61/2012 by the learned District Judge, Madikeri, and the judgment and decree dated 12.03.2012 passed in O.S.No.136/2006 by the learned Senior Civil Judge, Madikeri.

2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellants were the plaintiffs, and the respondents were the defendants.

3. The brief facts leading to the filing of this appeal are as follows:

The plaintiffs filed a suit against the defendants for partition and separate possession regarding the suit schedule properties. It is the case of the plaintiffs that defendant Nos. 1, 3, 4, belonging to the Yaladalu family of 1st Monnangeri village, and except defendant No.2, the plaintiffs and other defendants constituted a Hindu undivided family. One late Muttanna was the original propositus; he died intestate, leaving behind his 3 sons by the name of Subbappa, Thimmaiah and Kushalappa. The family was possessing ancestral properties at Galibeedu, and 1st Monnangeri village. Subbappa

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