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2014 Supreme(Kar) 698

H.G.RAMESH
Prakash – Appellant
Versus
Thimmamma – Respondent


Advocates Appeared:
For the Appellants :R.B. Sangamesh, Advocate.
For the Respondents:R2 to R4, R6, R8, K.K. Thayamma, Advocate.

Judgment :

1. This appeal is filed by the plaintiffs against the judgment and decree passed by the Prl. District Judge, Mandya, in R.A.No. 174/2005, dated 27th February 2008.

2. Plaintiffs filed suit in O.S.No.39/1997 before the Prl.Civil Judge (Sr.Dn.) & JMFC, Srirangapatna, for partition and separate possession of suit schedule properties. The propositus of the family was one Patel Neelegowda. He had two sons viz., Patel Venkategowda and Puttegowda. Plaintiffs are the children of Patel Puttegowda, whereas defendants are the children of Patel Venkategowda. According to the plaintiffs, the suit schedule properties are in joint possession of Venkategowda and Puttegowda, But, according to defendants, there was prior partition in the year 1947. After hearing, the trial Court decreed the suit and held that plaintiffs and defendant No.9-wife of late Puttegowda, are jointly entitled to get half share in the suit schedule properties. Being aggrieved, defendants preferred appeal in R.A.No. 174/2005. The lower Appellate Court having taken note of the fact that based on palupatti Ex.D-3, several revenue entries have been made and that palupatti need not be compulsorily registered, allowed the







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