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KARNATAKA HIGH COURT
MR. R.NATARAJ, MR. RAJESH RAI K, JJ
SMT.ANASUYA W/O. KHANDOBA PAWAR – Appellant
Versus
SMT.YALLAWWA W/O. JYOTIBA WADAKAR @ PAWAR – Respondent
| Table of Content |
|---|
| 1. overview of the case and family genealogy. (Para 1 , 2 , 3 , 4) |
| 2. defendant's rebuttal to plaintiff's claims. (Para 5) |
| 3. trial court's issues and findings. (Para 6 , 8) |
| 4. plaintiff's arguments regarding trial inaccuracies. (Para 9 , 10) |
| 5. court's assessment of evidence and legal precedents. (Para 11 , 12 , 14 , 15) |
| 6. findings on joint family status and property entitlement. (Para 13 , 16) |
| 7. final judgment and decree by the court. (Para 17) |
ORAL JUDGMENT
The plaintiffs 1 to 4 in O.S.No.370/2016 on the file of the Principal Senior Civil Judge and CJM, Dharwad (hereinafter referred to as ‘the Trial Court’) have filed this appeal challenging the judgment and decree dated 30.10.2019 by which their suit for partition and separate possession was dismissed.
3. The suit in O.S.No.370/2016 was filed for partition and separate possession of the plaintiffs’ share in the suit schedule properties. For the sake of immediate reference, the genealogy of the plaintiffs and the defendants, as mentioned in the plaint, is extracted below:
Lacchawwa (daughter) (dead)
Khandoba (son)
Yallawwa (daughter) (D-1)
Jyothiba (D-4) (husband)
4. (i) The suit was filed in respect of 5 items of agricultur
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