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THE HIGH COURT OF KARNATAKA
MR. ASHOK S.KINAGI, J
SMT. A. BALAMMA SINCE DEAD BY HER LEGAL REPRESENTATIVES – Appellant
Versus
SRI. B.V. CHENNAKESHAVAIAH – Respondent
| Table of Content |
|---|
| 1. case concerns legal inheritance and family property. (Para 1 , 2 , 3) |
| 2. claims by parties on the ancestral property. (Para 4 , 5 , 6 , 12) |
| 3. sale's legal necessity contested by the traits of pre-amendment work. (Para 19 , 24 , 28) |
| 4. revisiting the validity of the sale highlighted provisions under section 6. (Para 27 , 29) |
ORAL JUDGMENT
1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 21.11.2012 passed in RA No. 112 of 2010 by the learned Fast Track Court, KGF.
2. For convenience the parties are referred to, based on their rankings before the Trial Court. The appellant was Defendant No 7, Respondent No. 1 was the Plaintiff, Respondents No. 2 to 6 were the Defendants No. 2 to 6.
3. Brief facts, leading rise to the filing of this appeal are as follows:
4. The plaintiff filed a suit against the defendants for partition and separate possession. It is the case of the plaintiff that one Police Narayanappa was the propositus of the family. The said Police Narayanappa had only one son by name N.Venkataswamy. Defendant No.1 is the wife of Venkataswamy and Defendant Nos.2 to 6 are the children of said Venkataswamy. It is contended
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