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KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, G BASAVARAJA, JJ
PRAKASH TIMMAPPA HEGDE – Appellant
Versus
SUBRAY TIMMAPPA HEGDE – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim based on family relationship and joint property. (Para 4 , 6) |
| 2. defendants' assertions regarding ownership and property rights. (Para 5 , 7 , 8) |
| 3. court assesses evidence and relevance of property ownership. (Para 10 , 12 , 19 , 21 , 29) |
| 4. property devolution post partition under hindu succession act. (Para 30 , 32 , 34) |
| 5. legal position on partition and gift validity. (Para 40 , 41) |
| 6. modification of preliminary decree and plaintiffs' entitlement. (Para 45 , 46) |
CAV JUDGMENT
(PER: THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by defendants No.3 to 9, who are assailing the preliminary decree granted in O.S.No.32/2015. The said judgment and decree is under challenge by these defendants.
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. Before we examine the issue on hand, we deem it appropriate to cull out the family tree, which is as under:
Timmappa Subray Hegde (Defendant No.1) (Died on 13-7-2017)
Subhadra (Died on 2-8-2000)
Subray Chandramati Jahnavai Venkatraman Sumangala Prakash Sumana (plaintiff) (Defendant (Defendant (Defendant (Defendant (Defendant (Def.No.4) No.5) No
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