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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
2. The rank of the parties are stated as per their rank before the trial court for ease and convenience.
4. The defendants have filed the written statement and denied all the plaint averments except relationship. It is the case of the defendants that there was earlier suit in O.S.No.100/1996 filed for partition and separate possession, which was dismissed. The defendant Nos.1 to 4 have taken contention that there was already partition took place in the year 1988 during the lifetime of deceased Munithimmegowda and as per the oral partition, the defendants therein had right over
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