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KARNATAKA HIGH COURT
MR. V SRISHANANDA, J
SRI THIMMAPPA S/O LATE NARAYANAPPA – Appellant
Versus
SRI SRINIVASA S/O LATE NARAYANAPPA – Respondent
| Table of Content |
|---|
| 1. nature of the property in dispute (Para 4 , 6 , 8 , 10 , 12) |
| 2. arguments regarding self-acquisition and joint ownership (Para 20 , 26) |
| 3. court's findings on evidence and its implications (Para 25 , 54) |
| 4. final decision and orders with respect to the appeal (Para 56) |
ORAL JUDGMENT
2. Heard Sri Nagaraja S, learned counsel for the appellant, Sri C.R. Gopala Swamy, learned Senior Advocate along with Sri Chandrashekar N, counsel for Sri Sajjad Ahmed G, learned counsel for respondent Nos.1, 3 and 5, and Sri T.M.Vijaya Kumar, learned counsel for respondent Nos.2 and 4.
4. Present Appeal is filed by the defendant No.2 challenging the judgment and decree passed in O.S.No.117/2003 dated 20.01.2017 on the file of the Prl. Senior Civil Judge and CJM, Tumakuru, confirmed in R.A.No.25/2017 c/w R.A.No.37/2017 dated 29.03.2021 on the file of the VI Additional District Judge, Tumakuru.
6. Parties are referred to as plaintiffs and defendants for the sake of convenience.
“Whether the findings of the Courts below that item No.13 is also joint family ancestral property is perverse, palpably erroneous and contrary to the clinching rebuttal evidence vide Ex.D.29, which is a registered mortg
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