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CASE NO.:

Appeal (civil) 3128-3129 of 2008

PETITIONER:

Mandali Ranganna & Ors. Etc

RESPONDENT:

T. Ramachandra & Ors

DATE OF JUDGMENT: 30/04/2008

BENCH:

S.B. Sinha & V.S. Sirpurkar

JUDGMENT:

J U D G M E N T

REPORTABLE

CIVIL APPEAL NOs. 3128-3129 OF 2008

(Arising out of SLP(C) Nos. 10928-10929 of 2007)

S.B. Sinha, J.

1. Leave granted.

2. Appellants herein are aggrieved by and dissatisfied with a judgment

and order dated 6.3.2007 passed by the High Court of Karnataka whereby

and whereunder the private respondents herein were allowed to make

constructions on the lands in suit, subject to the final decision therein. It was

furthermore directed that any alienation or creation of an interest by the

defendants would be subject to the decision of the suit.

3. With a view to appreciate the fact involved in the matter, we may

notice the genealogical table of the parties.

Mandi Madalappa

|

_________________________________________________________________________

| |

|

Chikkaranganna T.M. Thimmaiah Muniswamappa

| | |_Puttathyamma |_M. Rama

chandra

R. Ranganna |____________________ (Def. 1)

| Padma W/

o

| | (D

ef. 2)

| |

| _______________________________

| | |

|

| Shekhar Harish

Rekha

| (Def. 3) (Def.4)

(Def.5)

___________________________________________________________

| | | |

Mandali Ranganna Munianna R. Thimmaiah Puttanna Mandal

(Plf. 1) (Plf. 2) (Plf. 3) (Plf. 4)

4. The suit properties were acquired in the year 1912 by a deed of sale

dated 22.1.1912. Allegedly, the predecessor in interest of the respondents

being the original defendant No. 1 (M. Ramachandra) was adopted by

Puttathyamma, widow of late T.M. Thimmaiah. A deed of adoption,

therefor, was executed on 13.12.1937. Allegedly, a partition in the family

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properties took place in the year 1924.

One of the questions which arose for consideration in the suit was as

to whether the said partition was in respect of all the properties or a partial

partition. Appellants contend that even assuming that Puttathyamma adopted

M. Ramachandra, from a perusal of a deed of adoption, it will appear that

some properties were still been jointly possessed.

5. On 23.5.1938, upon the death of Sri T.M. Chikkaranganna his legal

representatives partitioned his self-acquired properties, both moveable and

immovable. On 22.2.1954, the children of Muniswamappa executed a

registered Partition Deed, by which his share in the properties came to be

partitioned. From 1957-1969, a number of transactions mainly in the nature

of grant of lease took place in respect of the suit properties. No title came to

be created in favour of third parties.

On 20.12.1971 for the first time, the first respondent entered into a

partition deed, with the members of his family in which the suit schedule

property was set out in the deed. Between 2002