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THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM, J
VIMALADEVI SINCE DECEASED BY LRS – Appellant
Versus
SMT LALITHAMMA SINCE DECEASED BY HER LRs – Respondent
| Table of Content |
|---|
| 1. joint ownership established through registered sale deed. (Para 2 , 3 , 4 , 5) |
| 2. arguments on admissibility and interpretation of the release deed. (Para 6 , 7 , 8) |
| 3. court's analysis of the release deed's legal status under the registration act. (Para 9 , 10 , 11 , 12) |
| 4. importance of statutory compliance in property disputes. (Para 13 , 14 , 15 , 16) |
| 5. affirmation of trial court's decision upholding partition order. (Para 17 , 18 , 19 , 20) |
ORAL JUDGMENT
The captioned appeal is by the defendant assailing the preliminary decree drawn by the Court below in O.S.No.8230/2000 whereby the plaintiff's suit for partition is decreed granting half share in the suit schedule property.
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. The brief facts of the case are as under:
The plaintiff initially instituted a suit for bare injunction in O.S.No.8230/2000 against the defendant, specifically asserting that the suit schedule property had been jointly purchased by the plaintiff and the defendant under a registered Sale Deed dated 31.10.1958. In the said suit, it was categorically pleaded that both the plaintiff and the defend
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