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2025 Supreme(Online)(Kar) 22743

KARNATAKA HIGH COURT
SHRI.DURADUNDESHWAR @ RAVISHASTRI S/O. NAGAPPA – Appellant
Versus
KUMAR.PRATEEK S/O. DURANDUNDESHWAR – Respondent


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ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

The defendant No. 1 in O.S.No.55/2012 on the file of the IV Additional Senior Civil Judge and JMFC, Belagavi (hereinafter referred to as ‘trial Court’ for short) has filed RFA.No.100539/2018 challenging the judgment and decree dated 20.10.2018 decreeing in part the suit for partition and declaring that the plaintiffs are entitled to legitimate shares in the suit schedule ‘A’ properties.

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2. Defendants No.3 and 4 in O.S.No.55/2012 have filed RFA.No.100149/2020 challenging the judgment and decree dated 20.10.2018.

3. For the sake of convenience and easy understanding, the parties shall henceforth be referred to as they were arrayed before the Trial Court.

4. The appellants herein were the defendants No.1, 3 and 4, while the respondents No.1 and 2 in both these appeals were the plaintiffs before the trial Court and the other respondents were the other defendants before the trial Court.

5. The suit in O.S.No.55/2012 was filed for partition and separate possession of the plaintiffs’ share in the suit schedule properties. The suit schedule properties comprised of four agricultural lands situate at Ganikoppa village and a house proper

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