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THE HIGH COURT OF KARNATAKA
MR. HANCHATE SANJEEVKUMAR, J
SMT GOWRAMMA W/O LATE MUNEGOWDA – Appellant
Versus
SMT RAJAMMA W/O SABGAIAH – Respondent
| Table of Content |
|---|
| 1. identification of parties and initial context. (Para 1 , 2) |
| 2. plaintiffs' claim of ancestral joint family properties. (Para 3 , 4) |
| 3. issues framed by the trial court for consideration. (Para 5 , 6) |
| 4. trial court's decree and reasoning regarding prior partition. (Para 7 , 18) |
| 5. defendants' appeal arguments against trial court ruling. (Para 8 , 9 , 10) |
| 6. observations on evidence and merits of previous litigation. (Para 11 , 12 , 14 , 16) |
| 7. requirements for proving prior partition and its evidentiary standards. (Para 13 , 15 , 17) |
| 8. final order and dismissal of the appeal. (Para 19) |
ORAL JUDGMENT
The appeal is filed by the defendant Nos.1 to 4 challenging the judgment and decree passed in O.S.No.145/2014 (old O.S.No.15/2010) dated 31.01.2018 by the Senior Civil Judge and JMFC, Kanakapura, whereby the suit filed for partition is decreed by granting 1/6th share each in the suit schedule properties.
2. The rank of the parties are stated as per their rank before the trial court for ease and convenience.
3. The plaintiffs have filed a suit for partition and separate possession of their 1/6th share each in the suit schedule properties claiming that the suit schedule propertie
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