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2025 Supreme(Online)(Kar) 33404

KARNATAKA HIGH COURT
MR. ANANT RAMANATH HEGDE, J
SRI. SHESHAPPA S/O. RAMAPPA DASAR – Appellant
Versus
SRI. RAMAPPA VENKAPPA DASAR, SINCE DEAD BY HIS LRS – Respondent


Advocates:
For the Appellants/Petitioners: SRI. HANUMANTHAREDDY SAHUKAR
For the Respondents: SRI. S.B. HEBBALLI, SRI. M.C. HUKKERI

Table of Content
1. appeal regarding family property and adoption. (Para 1 , 2 , 3)
2. arguments regarding the validity of the adoption. (Para 9 , 10 , 11)
3. court's observations on the adoption's authenticity. (Para 14 , 15 , 16 , 17 , 18)
4. decisions on adoption validity and partition claims. (Para 22 , 24)
5. final orders on appeal and mesne profits. (Para 26)

ORAL JUDGMENT

Aggrieved by the dismissal of the suit, the plaintiff No.1(A) is before this Court in this first appeal. The suit is one for declaration and partition. The original plaintiff challenged the decree passed in O.S.No.23/1980 on the premise that the said decree does not bind the share of the plaintiff. The plaintiff also sought relief of partition in respect of two properties on the premise that the property originally belonged to one Balappa who is plaintiff’s husband’s grand father. The admitted genealogy is as under:

2. Balappa and Tulajappa were two brothers. Balappa had two sons by name Sheshappa and Venkappa. Tulajappa had a son by name Sheshappa. Elder son of Balappa namely Sheshappa had three children namely Balappa, Rukmavva and Sheshavva. Younger son Venkappa had a son by name Ramappa.

3. After the death of gr

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