BENCH AT DHARWAD
LAKSHITA D/O. MANOJKUMAR JAIN @ MEHATA – Appellant
Versus
MANOJKUMAR S/O. MANGILAL JAIN @ MEHATA – Respondent
The plaintiffs in O.S.No.129/2016 are before this
Court being aggrieved by the judgment and decree
passed by the learned Additional Senior Civil Judge,
Gadag in the said suit dismissing the suit.
- 3 -
O.S.No.129/2016 has been filed by the plaintiffs
seeking for partition and separate possession of the
joint family properties. Plaintiffs No.1, 2 and 3 are
stated to be the children of defendant and plaintiff
No.4, is the wife of the defendant.
It is contended that the defendant, his father
Mangilal and Abhaykumar brother of the defendant
were doing business as well as agriculture work.
There being difference of opinion between Mangilal,
Abhaykumar
and
the
defendant,
a
suit
in
O.S.No.158/2015 had been filed before the Senior
Additional Civil Judge, Gadag which ended in a
compromise before the Lok Adalat and a compromise
petition having been filed, a compromise decree was
passed.
It is alleged that in the said compromise, it is
categorically stated that the properties belong to a
joint family (Ekatra Garane) and as such on the said
- 4 -
partition the property which came to the share of
defendant became the joint family property between
defendant and plaintiffs No.1, 2 and 3 who are
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