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KARNATAKA HIGH COURT
UMESH M ADIGA, J
ISHWARAPPA SIDDAPPA GOULI @ SAMPAGAVI, SINCE DEAD BY LRS.1(A). IRANNA S/O. ISHWARAPPA SAMPAGAVI.1(B). SHIDDAPPA S/O. ISHWARAPPA SAMPAGAVI. – Appellant
Versus
YALLAPPA SIDDAPPA GOULI @ SAMPAGAVI, SINCE DEAD BY LRS.1A. RATMAVVA W/O. YALLAPPA GOULI. – Respondent
| Table of Content |
|---|
| 1. family relationship and property background (Para 1 , 3 , 4) |
| 2. claim for partition and possession (Para 5 , 6) |
| 3. arguments regarding joint family ownership (Para 12 , 16 , 18) |
| 4. evidence and burden of proof considerations (Para 14 , 20 , 22) |
| 5. dismissal of appeal and confirmation of judgment (Para 36) |
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
1. This appeal is preferred by the defendant No.1 against the judgment and decree dated 24.10.2005 passed in O.S. No. 36/1994 by the learned Senior Civil Judge, Haveri.
2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
3. It was the case of the plaintiff (respondent No.1 herein) that his father Siddappa had six sons by name, Ganapa (second defendant), Malleshappa (defendant No.4), Eshwarappa (first defendant), Yallappa (plaintiff), Erappa (defendant No.5) and Dyamappa (defendant No.6) and four daughters by name Ningavva (defendant No.3), Kusumavva (defendant No.9), Avakka (defendant No.7), Renavva (defendant No.8). Both Siddappa and his wife are no more. The son of Siddappa by name Malleshappa referred above died about ten years back in Ranebennur. His wife an
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