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KARNATAKA HIGH COURT
E.S. INDIRESH, J
S.K. SANJEEVAMURTHY SINCE DECEASED REP. BY LRS. – Appellant
Versus
SMT. AZMA S J D/O LATE ABDUL JABBAR – Respondent
| Table of Content |
|---|
| 1. introduction and context of the appeal (Para 1 , 2) |
| 2. facts outlining the property dispute and initial rulings (Para 3 , 4 , 6) |
| 3. arguments presented by both parties regarding property rights (Para 9 , 10) |
| 4. court's evaluation of prior findings and rights to use the property (Para 11) |
| 5. conclusion with dismissal of the appeal and rights clarified (Para 12) |
ORAL JUDGMENT
1. This Regular Second Appeal is filed by the plaintiff challenging the judgment and decree dated 01.04.2016 passed in RA No.176 of 2013 on the file of the Senior Civil Judge and JMFC, Gouribidanur, allowing the appeal and setting aside the judgment and decree dated 26.08.2013 passed in OS.No.277 of 2010 on the file of the Principal Civil Judge and JMFC, Gouridbidanur, decreeing the suit of the plaintiff.
2. For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.
3. The plaintiff averred in the plaint that the suit schedule property is the joint family property of late Sendi Kasavaiah, who is the plaintiff's father. The said property fell to the share of the plaintiff under a registered partition deed dated 03.09.1971. I
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