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KARNATAKA HIGH COURT
K NATARAJAN, VIJAYKUMAR A. PATIL, JJ
SHANKER S/O LATE SHARANAPPA NASI – Appellant
Versus
SUSHILABAI D/O LATE SIDRAMAPPA – Respondent
| Table of Content |
|---|
| 1. suit filed for partition of ancestral property. (Para 4 , 5 , 6) |
| 2. arguments regarding non-joinder of necessary parties. (Para 9 , 10 , 11) |
| 3. court's determination on property ownership and family relationships. (Para 13 , 14 , 15) |
| 4. court's findings on joint family properties and evidentiary issues. (Para 17 , 18) |
| 5. final decision on dismissing the appeal based on legal reasoning. (Para 20 , 21 , 22) |
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K NATARAJAN)
This appeal is filed by the appellants-defendant Nos.1 and 2 under Section 96 of CPC for setting aside the judgment and decree dated 20.09.2017 passed by the learned Senior Civil Judge and JMFC, Afzalpur [for short, ‘the Trial Court’] in O.S.No.30/2014 for having decreed the suit of the respondent.
2. We have heard the arguments of learned counsel for the appellants and learned Senior Counsel appearing for the respondent.
3. The appellants were defendant Nos.1 and 2 and the respondent was the plaintiff before the Trial Court. The ranks of the parties are retained as before the Trial Court for the sake of convenience.
4. The case of the plaintiff before the Trial Court is that the plaintiff filed a suit for partition a
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