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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE V. SRISHANANDA

R.F.A.NO.151/2016 (PAR)

BETWEEN

1 . SMT. AKKAMMA

AGED 60 YEARS,

WIFE OF SRI.THIMMAIAH,

DAUGHTER OF LATE AKKAVVA,

RESIDENT OF

KANANUR PALYA VILLAGE,

MARASANDRA POST,

KUDUR HOBLI,

MAGADI TALUK,

RAMANAGARA DISTRICT-561 101.

2 . SMT. RADHA

AGED 42 YEARS,

WIFE OF SRIDHARAMURTHY,

DAUGHTER OF LATE SIDDAGANGAMMA,

RESIDENT OF

SIDDAGANGAIAHNAPALYA VILLAGE,

KALLEYA POST,

MAGADI TALUK,

RAMANAGARA DISTRICT-561 101.

3 . SRI. K.R. UMASHANKARA

AGED 40 YEARS,

SON OF LATE SIDDAGANGAMMA,

2

RESIDENT OF KALASIPALYA VILLAGE,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

KUNIGAL TAKLUK,

TUMKUR DISTRICT-572 130.

4 . SMT. BHAGYALAKSHMI

AGED 38 YEARS,

WIFE OF SRI. VENKATESH,

DAUGHTER OF SIDDAGANGAMMA,

RESIDENT OF KALASIPALYA VILLAGE,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

KUNIGAL TALUK,

TUMKUR DISTRICT-572 130.

5 . SMT. K.R. GEETHA

AGED 36 YEARS,

WIFE OF SRI. RAMADASAIAH,

DAUGHTER OF SIDDAGANGAMMA,

RESIDENT OF KEMPANAHALLI VILLAGE,

MAYAGANAHALLI POST,

BIDADI HOBLI,

RAMANAGARA TALUK AND DISTRICT-561 101.

6 . SRI. K.R. REVANNA

AGED 34 YEARS,

SON OF LATE SIDDAGANGAMMA,

RESIDENT OF KALASIPALYA VILLAGE,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

KUNIGAL TALUK,

TUMKUR DISTRICT-572 130.

7 . KUMAR K.R. PANDURANGA

AGED 31 YEARS,

SON OF LATE SIDDAGANGAMMA,

RESIDENT OF KALASIPALYA VILLAGE,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

3

KUNIGAL TALUK,

TUMKUR DISTRICT-572 130.

8 . KUMAR K.R. RAMAKRISHNA

AGED 29 YEARS,

SON OF LATE SIDDAGANGAMMA,

RESIDENT OF KALASIPALYA VILLAGE,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

KUNIGAL TALUK,

TUMKUR DISTRICT-572 130.

9 . KUMARI NIRMALA

AGED 24 YEARS,

DAUGHTER OF LATE SIDDAGANGAMMA,

RESIDENT OF

KALASIPALYA VILLAGE,

MADAKEHALLI POST,

KOTTAGERE HOBLI,

KUNIGAL TALUK,

TUMKUR DISTRICT-572 130.

...APPELLANTS

(BY SRI JAGADISH BALIGA N, ADVOCATE)

AND

1 . SMT. CHIKKAMMA

AGED 75 YEARS,

DAUGHTER OF LATE KULLAIAH,

RESIDENT OF KANANUR PALYA VILLAGE,

MARASANDRA POST-561 101,

KUDUR HOBLI, MAGADI TALUK,

RAMANAGARA DISTRICT.

SINCE DECEASED BY HER LRS.,

R1(a) SMT.GANGAMMA

AGED 68 YEARS,

D/O SMT.CHIKKAMMA

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WIFE OF NANJUNDAIAH

RESIDING AT KANANURE PALYA VILLAGE

MARASANDRA POST,

KUDURU HOBLI

MAGADI TALUK

RAMANAGARA DISTRICT -561 101

R1(B) SMT.MANGALAMMA

AGED ABOUT 55 YEARS

DAUGHTER OF SMT.CHIKKAMMA

WIFE OF D.G.THIMMAIAH @ RAJANNA

RESIDING AT DONNERE VILLAGE

MARSHETTAHALLI POST

KADABA HOBLI,

GUBBI TALUK

TUMKURU DISTRICT - 572 130

2 . SRI. RAMAIAH

AGED 60 YEARS,

SON OF SMT. CHIKKAMMA,

RESIDENT OF

KANANUR PALYA VILLAGE,

MARASANDRA POST-561 101,

KUDUR HOBLI,

MAGADI TALUK,

RAMANAGARA DISTRICT.

3 . SRI. K.R. SHIVANANDA

AGED 45 YEARS,

SON OF LATE SIDDAGANGAMMA,

RESIDENT OF KALASIPALYA VILLAGE,

MADAKEHALLI POST, KOTTAGERE HOBLI,

KUNIGAL TALUK,

TUMKUR DISTRICT-572 130.

...RESPONDENTS

(BY SRI NARAYAN M. NAIK, ADVOCATE FOR R1(a);

SRI H.V.DEVARAJU, ADVOCATE FOR R2;

R1(b) SERVED;

R3 SERVICE HELD SUFFICIENT)

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THIS RFA IS FILED UNDER SEC.96 (1) R/W ORDER

XXXLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND

DECREE DATED 17.10.2015 PASSED IN O.S NO.382/2014

(OLD O.S NO.380/2011) ON THE FILE OF THE SENIOR CIVIL

JUDGE AND JMFC., MAGADI, DISMISSING THE SUIT FOR

PARTITION AND SEPARATE POSSESSION.

THIS RFA COMING ON FOR HEARING, THIS DAY,

V. SRISHANANDA. J., DELIVERED THE FOLLOWING:

JUDGMENT

The unsuccessful plaintiffs are appellants herein,

challenging

the

Judgment

and

Decree

passed

in

OS.No.382/2014 (Old No.380/2011) on the file of the Senior

Civil Judge and JMFC, Magadi, whereby the suit of the

Plaintiffs came to be dismissed.

2. The brief facts of the case are as under:

The parties are referred to as per their original

rank