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THE HIGH COURT OF KARNATAKA
MR. E.S.INDIRESH, J
A M KRISHNAPPA @ KITTY – Appellant
Versus
SMT. YASODAMMA – Respondent
| Table of Content |
|---|
| 1. overview of the procedural history. (Para 2 , 9) |
| 2. key allegations and claims by parties. (Para 3 , 4 , 5 , 6) |
| 3. trial court's findings and evidence presented. (Para 7 , 8) |
| 4. arguments from counsel regarding maintainability. (Para 10 , 11 , 12 , 13 , 14) |
| 5. court's analysis of partial partition principles. (Para 15 , 16) |
| 6. final conclusions drawn and implications for the case. (Para 17 , 18 , 19) |
| 7. court's order and next steps. (Para 20) |
ORAL JUDGMENT
This appeal is preferred by the defendant Nos.4 and 5, assailing the judgment and decree dated 26.11.2013 passed in O.S. No.4654/1996 on the file of XXII Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit of the plaintiff.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
3. The plaint averments are that the plaintiffs, defendant No.2 and one Siddalingamma are the children of Munivenkatappa and Narasamma (defendant No.1). It is the case of the plaintiffs that the suit schedule properties are the joint family properties of the plaintiffs and defendant Nos.1 to 3 and as such, sought for share in the suit schedule properties. Hence, the plaintiffs h
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