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2025 Supreme(Online)(Kar) 34583

THE HIGH COURT OF KARNATAKA
H.P.SANDESH, J
SRI. LINGADEVARU K.S. – Appellant
Versus
SMT. VISHALAMMA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VEDA MURTHY M.V.
For the Respondents: SMT. SHRUTHI S.P.

ORAL JUDGMENT

This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 to 4.

2. This second appeal is filed against the concurrent finding.

3. The suit is filed for the relief of partition and separate possession by the sisters against the brothers claiming that the suit schedule properties are ancestral and joint family properties of themselves and the defendants. The defendant No.1 took the specific contention that item Nos.1 and 2 properties are granted lands. The Trial Court considering the material available on record, particularly taken note of admission on the part of D.W.1 that, item No.3 property is ancestral in nature and item Nos.1 and 2 are granted in favour of the father and item Nos.4 to 6 are the self-acquired properties of their father Siddappa and the same is discussed in paragraph Nos.15, 16, 17, 18 and 19. The learned counsel would contend that there was an earlier division between the brothers in the year 2001 in respect of item Nos.1 and 2. The learned counsel would contend that the sisters are not entitled for any share, since there was a partition in the year 2001 itself. The learned counsel wo

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