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THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI, J
JAVAREGOWDA – Appellant
Versus
SMT.KARAGAMMA – Respondent
| Table of Content |
|---|
| 1. whether property is ancestral joint family property. (Para 1 , 2 , 3) |
| 2. arguments of counsel regarding property claims. (Para 18 , 19) |
| 3. evidence and burden of proof regarding property. (Para 22 , 30 , 31 , 32 , 34) |
| 4. justification of trial courts' dismissals. (Para 35 , 36 , 39) |
ORAL JUDGMENT
1. This Regular Second Appeal is filed by the Appellants challenging the judgment and decree dated 05.10.2012 passed in R.A. No. 125 of 2011 by the learned IV Additional District Judge, Mysore and the judgment and decree dated 29.01.2011 passed in O.S. No. 976 of 2005 by the learned III Additional Civil Judge (Sr. Dn.), Mysore.
2. For convenience, the parties are referred to, based on their rankings before the Trial Court. The appellants were the plaintiffs and the respondents were the defendants.
3. Brief facts, leading rise to the filing of this appeal, are as follows:
4. The plaintiffs filed a suit against the defendants seeking the relief of partition and separate possession. It is the case of the plaintiffs that late Mudukegowda and his wife Smt.Karagamma- defendant No. 1 herein, have got three sons, namely 1) Kalegowda, who is the husband of plaintiff No.2 and father of pl
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