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KARNATAKA HIGH COURT
ASHOK S.KINAGI, J
SAVITHRAMMA W/O LATE G.S. BASAVARAJU – Appellant
Versus
DR. SHASHIDHAR BASAVARAJU – Respondent
| Table of Content |
|---|
| 1. plaintiff claims for partition of ancestral properties. (Para 3 , 4 , 5 , 6) |
| 2. initial court ruled in favor of plaintiff. (Para 10 , 12) |
| 3. defendants argue properties are self-acquired. (Para 14 , 18) |
| 4. court emphasizes burden of proof on the plaintiff. (Para 19 , 21 , 28) |
ORAL JUDGMENT
This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 19.08.2016 passed in R.A.No.45/2014 by the learned Principal Senior Civil Judge, Mandya, confirming the judgment and preliminary decree dated 03.04.2014 passed in O.S.No.6/2008 by the Additional Civil Judge and JMFC, Mandya.
2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellants were the defendants and the respondent was the plaintiff.
3. Brief facts leading rise to the filing of this appeal are as follows:
The plaintiff filed a suit against the defendants for partition and separate possession. It is the case of the plaintiff that defendant No.1 is the father of the plantiff and defendants No.2 to 3 and the suit schedule properties are the ancestral and joint family properties of the plaintiff and defendants No.1 to 3. It is contended t
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