Aggravates in appeal against dismissal of suit for partition, observed that properties were already divided per registered partition deed and an earlier suit ordered 1/7th share, held appeal fails and is dismissed.
Appeal dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON’BLE MR. JUSTICE UMESH M. ADIGA
REGULAR FIRST APPEAL No.837 OF 2020 (PAR/DEC)
BETWEEN:
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AND:
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF CPC, PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 16.01.2020 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA IN O.S.NO.137/2018 AND ETC.
THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is by the plaintiffs before the Trial Court challenging the dismissal of the suit for partition in O.S.No.137/2018 on the file of the I Additional Senior Civil Judge, Chitradurga.
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Resultantly, this appeal fails and it is dismissed.
No costs.
Sd/JUDGE
Sd/JUDGE
KPS
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PSDJ & UMBAJ: 08.09.2022
JUDGMENT
IN
REGULAR FIRST APPEAL No.837 OF 2020 (PAR/DEC)
KPS
1 issue framed by the court
Whether the appeal challenging the dismissal of the partition suit succeeds given prior division of property.
2 provisions across 1 enactments
SMT. SUMANGALAMMA W/O G SADASIVAPPA
SMT.MAMATHA W/O BASAVESH
SMT SARALA W/O CHANNAVEERAPPA
SMT. SUSHEELAMMA W/O LATE BASANNA
SRI G B VEMANNA
SRI G B PRABHUDEV
P.S.DINESH KUMAR
UMESH M. ADIGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
