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KARNATAKA HIGH COURT
MR. JUSTICE ANANT RAMANATH HEGDE, J
SRI V.A. GOPALAKRISHNA SINCE DECEASED BY LRS – Appellant
Versus
SRI RUDRAIAH S/O LATE ERAIAH – Respondent
| Table of Content |
|---|
| 1. context of joint ancestral property and partition claims. (Para 1 , 3 , 4) |
| 2. joint family property ownership and claims. (Para 5) |
| 3. defendants' arguments regarding prior partition and religious conversion. (Para 6 , 7) |
| 4. court's examination of evidence and claims regarding property. (Para 8 , 9) |
| 5. findings on the applicability of section 26 of hindu succession act. (Para 11 , 12 , 13) |
| 6. final decision of the appeal. (Para 14) |
ORAL JUDGMENT
1. This appeal is arising from a concurrent finding in a suit for declaration, partition and separation of possession. The suit is decreed granting half share to the plaintiffs. The defendants filed appeal before First Appellate Court and appeal is dismissed confirming the judgment and decree passed by the trial Court. Hence, the present second appeal is filed.
2. Certain admitted facts are as under:
2.1 The plaintiffs claim that they jointly inherited two properties at Valagerahally and Anehally in Hassan Taluk, measuring 4 acres 11 guntas and 4 acres 37 guntas respectively. The properties at Valagerahally and Anehally village were divided between the plaintiffs and first defendant orally and based on the oral partition, there was
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