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2025 Supreme(Online)(Kar) 25584

KARNATAKA HIGH COURT
K.NATARAJAN, J
SRI. ANAND KUMAR S/O. LATE BORAIAH AND MANGALAMMA – Appellant
Versus
SRI. CHANDRASHEKHAR P M S/O. LATE MUDDAGANGAPPA. P. N. – Respondent


Advocates:
For the Appellants/Petitioners:SRI. K.G.RAGHAVAN, SENIOR COUNSEL FOR SRI. SIDDAPPA V D., ADVOCATE
For the Respondents:SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. C.V.KRISHNAN, ADVOCATE FOR C/R27 & R28; SRI. K.B.MONESH KUMAR, ADVOCATE FOR C/R52

Table of Content
1. background of joint family property dispute (Para 1 , 4 , 6 , 8 , 10 , 11)
2. arguments regarding the maintainability of the suit (Para 12 , 13 , 19)
3. court’s reasoning on limitation and rejection of plaint (Para 14 , 16 , 26 , 29 , 33)
4. judicial principles related to mixed questions of law and fact (Para 22 , 31)
5. judgment concludes with the appeal being allowed (Para 37)

CAV JUDGMENT

2. Heard the arguments of learned Senior Counsel appearing for the appellants' Counsel and learned Senior Counsel appearing for the respondents' Counsel.

4. The case of the appellants-plaintiffs is that they have filled the aforesaid suit for partition and separate possession of the suit schedule properties and for mesne profits, under Order XX Rule 12 of CPC , from the date of suit till the date of effecting partition. 5. The claim of the plaintiffs in their suit is that, plaintiffs and defendants No.1 to 48 are the members of undivided Hindu joint family being the descendants of Boranna, who was their propositor and the Plaintiffs and Defendants are the successors and co- parceners of Hindu Undivided joint family. The said Boranna died leaving behind four sons namely, Nanjundapp

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