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KARNATAKA HIGH COURT
S.R. KRISHNA KUMAR, C.M. POONACHA, JJ
SMT. KAVITA W/O. PANDAPPA @ PANDURADDI SATARADDI – Appellant
Versus
SANJEEVARADDI S/O. VASAPPA GIRADDI – Respondent
| Table of Content |
|---|
| 1. background of the parties and property details (Para 1 , 2 , 4) |
| 2. defendants’ claims regarding property ownership (Para 6 , 10) |
| 3. court's analysis on joint family property (Para 8 , 12 , 22) |
| 4. presumption of joint family ownership (Para 20) |
| 5. final ruling on property ownership and share (Para 28) |
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M.POONACHA)
Both the first appeals are filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure , 1908, [Hereinafter referred to as ‘CPC’] calling in question the judgment and decree dated 10.10.2018 passed in O.S.No.76/2013 by the Principal Senior Civil Judge and JMFC, Ranebennur, [Hereinafter referred to as ‘Trial Court’], whereunder the suit for partition has been partly decreed awarding 1/16th share in suit schedule-A properties and suit schedule B(a) to (d) properties to the plaintiff. The suit in respect of suit schedule-B(e) property and suit schedule-C property has been rejected.
2. The parties will be referred as per their rank before the Trial Court for the sake of convenience.
3. The plaintiff/Smt.Kavita @ Khasavva is the daughter of one Vasappa, who is the propositus. The defendant Nos.1, 3, 6 an
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