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HIGH COURT OF KARNATAKA
BALAPPA S/O KALLAPPA KUCHANOOR – Appellant
Versus
SADASHIV S/O KALLAPPA KUCHNOOR – Respondent
RSA/100869/2016
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
R.S.A. No.100869/2016
Between
Shri Balappa s/o Kallappa Kuchanoor
Age 48 years, Occ: Agriculture and
Medical Practice r/o Yelparahatti Hamlet
of Khemlapur – 591311, Tal:Raibag
Dist: Belgavi.
...Appellant
(By Sri Shri Harsha A Neelopant, Advocate)
A n d
1.
Shri Sadashiv s/o Kallappa Kuchnoor
Age 54 years, Occ: Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
2.
Smt.Gurawwa w/o Shreeshail Kuchanoor
Age 48 years, Occ; Home Maker
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
3.
Shri Kallappa s/o Shreeshail Kuchanoor
Age 25 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
2
4.
Shri Kadappa s/o Shreeshail Kuchanoor
Age 23 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
5.
Shri Raju s/o Shreeshail Kuchanoor
Age 19 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
6.
Shri Ramappa s/o Shreeshail Kuchanoor
Age 46 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
7.
Shri Sangappa s/o Shreeshail Kuchanoor
Age 44 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
8.
Shri Gurupad s/o Mahaling Kuchanoor
Age 52 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
9.
Shri Ningappa s/o Basappa Kuchanoor
Age 56 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
10.
Shri Mallappa s/o Basappa Kuchanoor
Age 53 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
11.
Shri Shidalingappa s/o Basappa Kuchanoor
Age 51 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
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12.
Shri Allappa s/o Annappa Navlyal
Age 56 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
13.
Shri Parappa s/o Somanna Khot
Age 58 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
14.
Shri Shreeshail s/o Kallappa Navlyal
Age 54 years, Occ; Agriculture
r/o Yalparatti Hamlet of Khemlapur
591311, Tal: Raibag, Dist:Belgavi.
... Respondents
(By Sri Rajashekhar Burji, Advocate for R1 to R7)
(R8 & R11 – R14 notice dispensed with, R9-R10 served)
This RSA is filed under Section 100 of CPC 1908 against
the judgment and decree dated 29.8.2016 passed in RA
No.21/2016 on the file of the Senior Civil Judge and Judicial
Magistrate First Class, Raibag, partly allowing the appeal and
setting aside the judgment and decree dated 27.01.2015 passed
in OS No.115/2003 on the file of the Principal Civil Judge and
Judicial Magistrate First Class at Raibag, dismissing the suit filed
for partition and separate possession.
This RSA coming on for final hearing this day, the Court
delivered the following:
JUDGMENT
This appeal under Section 100 of CPC is filed against the
judgment and decree dated 29.8.2016 passed in RA No.21/2016
by the Senior Civil Judge and Judicial Magistrate First Class,
Raibag reversing the judgment and decree dated 27.1.2015
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passed in OS No.115/2003 by the Principal Civil Judge and
Judicial Magistrate First Class at Raibag.
2.
The parties are referred to as per their respective
ranking before the Trial Court for the sake of convenience.
3.
Plaintiff is in appeal. Plaintiff filed OS No.115/2003
for partition and separate possession of his legitimate share in
the suit schedule properties.
4.
Plaint averments in brief are that the propositor –
