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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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