Disposed

Sri v. Shivanna v Sri P Nanjaiah @ Gantappa S/O Late Maregowda

Karnataka HC28 Aug 2023RSA/3013/2010

Case brief

AI extract

What is this about?

Second appeal filed by heirs against judgments in property dispute settled by compromise. Parties admitted appellants' title, paid settlement sum of Rs.28.15 lakhs via demand drafts, and agreed to release all claims against appellants regarding suit properties. Court disposed of appeal based on settled terms.

What did the court decide?

Second appeal disposed of in terms of compromise petition; parties admitted appellants' title and released all claims against them.

Sri v Shivanna Vs Sri P Nanjaiah @ Gantappa S/O… — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.3013 OF 2010 (DEC)

BETWEEN:

SRI V.SHIVANNA

DEAD BY LRS.

(a) H.N.SUMITHRA

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W/O.LATE V.SHIVANNA AGED ABOUT 45 YEARS

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R/AT BEJJARAHALLIKATTE VILLAGE KASABA HOBLI THIMMASANDRA POST RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159

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(b) RAJIV GOWDA

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S/O.LATE SHIVANNA AGED ABOUT 26 YEARS R/AT BEJJARAHALLIKATTE VILLAGE

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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KASABA HOBLI THIMMASANDRA POST RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159

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KASABA HOBLI THIMMASANDRA POST RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159

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(d) B.S.NANDINI D/O.LATE SHIVANNA

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2 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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AGED ABOUT 23 YEARS R/AT BEJJARAHALLIKATTE VILLAGE KASABA HOBLI THIMMASANDRA POST RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159

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… APPELLANTS

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(BY SRI A.RAVISHANKAR, ADVOCATE)

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AND:

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SRI P.NANJAIAH @ GANTAPPA S/O.LATE MAREGOWDA SINCE DEAD BY HIS LRS.

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(a) SRI MAREGOWDA @ DOONDU SINCE DEAD BY LRS.

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(i) SMT.PARVATHAMMA W/O.LATE MAREGOWDA AGED ABOUT 80 YEARS R/AT KALEGOWDANA DODDI KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT

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(ii) SRI PANDURANGA S/O.LATE MAREGOWDA AGED ABOUT 42 YEARS R/AT KALEGOWDANA DODDI KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT

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(iii) SMT.KAVITHA D/O.LATE MAREGOWDA AGED ABOUT 39 YEARS R/AT KALEGOWDANA DODDI KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT

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3 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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(b) SRI NANJAIAH @ CHOTAIAH S/O.LATE NANJAIAH @ GANTAPPA AGED ABOUT 76 YEARS

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(i) GOWRAMMA

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W/O.LATE VEERABHADRAIAH AGED ABOUT 58 YEARS

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(ii) NAGAMMA W/O.ANANDA D/O.LATE VEERABHADRAIAH AGED ABOUT 40 YEARS

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(iii) GIRISH S/O.LATE VEERABHADRAIAH AGED ABOUT 36 YEARS

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R-1(c)(i) to R-1(c)(iii) ARE R/AT KALEGOWDANA DODDI KASABA HOBLI, HARISANDRA RAMANAGAR TALUK RAMANAGAR DISTRICT - 562 128

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(iv) LEELAVATHI

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W/O.VEERABADRA M.C. D/O.LATE VEERASBHADRAIAH AGED ABOUT 38 YEARS R/AT NO.5, 14^TH CROSS 40 FEET ROAD, GAJANANA NAGAR HEGGANAHALLI CROSS BENGALURU NORTH TALUK BENGALURU - 560 094

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(d) SRI CHANNAVEERAIAH S/O.LATE NANJAIAH @ GANTAPPA AGED ABOUT 72 YEARS

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(e) SRI ERAIAH SINCE DEAD BY LRS.

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4 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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(i) SMT.SAROJAMMA W/O.ERAIAH AGED ABOUT 57 YEARS R/AT KALEGOWDANA DODDI KASABA HOBLI RAMANAGAR TALUK RAMANAGAR DISTRICT

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(ii) SRI SHIVANANJAIAH S/O.LATE ERAIAH AGED ABOUT 40 YEARS R/AT KALEGOWDANA DODDI KASABA HOBLI RAMANAGAR TALUK RAMANAGAR DISTRICT

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(iii) SMT.ASHA W/O.ASHOK AGED ABOUT 35 YEARS R/AT MADARA SAHEBARA DODDI KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT

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(f) SRI SHIVARUDAIAH S/O.LATE NANJAIAH @ GANTAPPA AGED ABOUT 58 YEARS

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(g) SMT.SOWBHAGYA D/O.LATE NANJAIAH @ GANTAPPA AGED ABOUT 56 YEARS

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R-1(f) & R-1(g) ARE R/AT KALEGOWDANA DODDI KASABA HOBLI RAMANAGAR TALUK RAMANAGAR DISTRICT

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(h) SMT.JAYALAKSHMAMMA SINCE DEAD BY HER L.RS. I.E. R-2 TOR-5

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5 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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MALLESHAIAH @HANUMAIAH S/O.SIDDAPPA SINCE DEAD BY LRS.

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I.E. R-3 TO R-5

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SIDDAPPA S/O.LATE MALLESHAIAH

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@ HANUMAIAH AGED ABOUT 34 YEARS R/AT SUGGANAHALLI SUGGANAHALLI POST RAMANAGARA TALUK RAMANAGARA DISTRICT

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SMT.MAMATHA W/O.RAVI AGED ABOUT 32 YEARS R/AT SUGGANAHALLI SUGGANAHALLI POST RAMANAGARA TALUK RAMANAGARA DISTRICT

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SMT.SARASWATHI D/O.MALLESHAIAH AGED ABOUT 36 YEARS R/AT SUGGANAHALLI SUGGANAHALLI POST RAMANAGARA TALUK RAMANAGARA DISTRICT

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…RESPONDENTS

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(BY SRI SRIHARI A.V., ADVOCATE FOR R-1(a) to R-1(g); STEPS IN R/O DECEASED R-1(h) IS DISPENSED WITH VIDE ORDER DATED 19.04.2017; SRI H.JAYANTH, ADVOCATE FOR R-3 TO R-5; R-3 TO R-5 ARE TREATED AS LRS. OF DECEASED R-2 VIDE ORDER DATED 26.06.2023)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC. PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 26.09.2008 PASSED IN R.A.NO.36/2002 BY THE ADDITIONAL CIVIL JUDGE (SR.DN.), RAMANAGARA,

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6 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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RAMANAGARA DISTRICT AND JUDGMENT AND DECREE DATED 29.06.2002 PASSED IN O.S.NO.106/1990 BY THE CIVIL JUDGE (JR.DN.) AND ADDITIONAL JMFC, RAMANAGARA AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri A.Ravishankar, learned counsel for appellant Nos.1(a) to 1(d), Sri Srihari A.V., learned counsel for respondent Nos.1(a) to 1(g) and Sri H.Jayanth, learned counsel for respondent Nos.3, to 5 are present before the Court along with their respective parties. All the parties are identified by their respective counsels.

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A compromise petition is filed under Order XXIII Rule 3 read with Section 151 of CPC by the appellants and the respondents and they have affixed their signatures on the same after having understood the contents of the same and their signatures are identified by their respective counsels on record.

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The compromise petition was filed on 22.08.2023 and two Demand Drafts for a sum of Rs.25,00,000/- and Rs.3,15,000/-, which were issued in favour of respondent Nos.1(a)(ii) namely, Sri Panduranga and respondent No.4 namely, Smt.Mamatha, W/o.Ravi respectively and deposited

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7 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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before this Court and same were ordered to be kept in the safe custody of this Court with a direction to the aforesaid two parties to make arrangements for issuance of cheques to the respective respondents. Accordingly, today, respondent No.1(a)(ii) has filed an affidavit to that effect. As per the affidavit, out of Rs.25,00,000/-, respondent Nos.1(a)(ii) namely, Sri Panduranga has retained a sum of Rs.5,00,000/for him and handed over the remaining sum of Rs.20,00,000/by way of cheques drawn on IDBI Bank, Ramanagara Branch amongst the other respondents today in the open Court as follows:

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i) Rs.1,00,000/to respondent No.1(a)(i)Smt.Parvathamma;

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ii) Rs.1,00,000/- to respondent No.1(a)(iii)-Smt.Kavitha; iii) Rs.3,00,000/- to respondent No.1(b)-Sri Nanjaiah @ Chotaiah;

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iv) Rs.75,000/- to respondent No.1(c)(i)-Smt.Gowramma; v) Rs.75,000/- to respondent No.1(c)(ii)-Smt.Nagamma; vi) Rs.75,000/- to respondent No.1(c)(iii)-Sri Girish; vii) Rs.75,000/- to respondent No.1(c)(iv)-Smt.Leelavathi;

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8 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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viii) Rs.3,00,000/to respondent No.1(d)Sri Channaveeraiah; ix) Rs.1,00,000/to respondent No.1(e)(i)Smt.Sarojamma; x) Rs.1,00,000/to respondent No.1(e)(ii)Sri Shivananjaiah; xi) Rs.1,00,000/- to respondent No.1(e)(iii)-Smt.Asha; xii) Rs.3,00,000/to respondent No.1(f)Sri Shivarudraiah;

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xiii) Rs.3,00,000/- to respondent No.1(g)-Smt.Sowbhagya.

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Similarly, respondent No.4-Smt.Mamatha, W/o.Ravi, has also filed a memo for compliance of the direction given by this Court on the previous date of hearing. As per the memo, out of Rs.3,00,000/-, she has retained Rs.1,05,000/- and handed over the cheques drawn on Canara Bank, Ramanagara, in favour of respondent No.3-Siddappa for an amount of Rs.1,05,000/- and respondent No.5-Smt.Saraswathi for an amount of Rs.1,05,000/- today in the open Court.

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The parties have received the cheques as mentioned

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hereinabove without any objection, force, coercion or undue

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9 - NC: 2023:KHC:30708 RSA No. 3013 of 2010

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influence. In order to put to an end to the long-drawn litigation, the parties have amicably resolved their dispute and the respondents have received a total amount of Rs.28,15,000/from the appellants as full and final settlement. The appellants having deposited two Demand Drafts on the previous date of hearing before this Court and the same having been kept in safe custody, are now handed over to respondent Nos.1(a)(ii)Sri Panduranga and respondent No.4-Smt.Mamatha in the open Court and they have accepted the same in the presence of their counsels.

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The terms and conditions of the compromise petition are as under:

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"1. The above appeal filed by the appellant/ defendant challenging the judgment and decree passed by the Civil Judge (Jr Dn) and JMFC at Ramangaram in OS No.106/1990 and Judgment and decree passed in RA No.36/2002 dated 25/9/2008 by the Additional Civil Judge (SR DN) at Ramanagaram,

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2. During the pendency of the above appeal, at the intervention of well-wishers the parties have arrived at a settlement on the following terms :-

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10 -

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NC: 2023:KHC:30708 RSA No. 3013 of 2010

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3. Since the plaintiff have been litigating the matter from 1990 and now they have fairly come forward admitting and recognizing the lawful title and ownership and possession of appellants by the respondents. Considering the request of all the respondents, the appellants have paid a total sum of Rs. 28,15,000/- (Rupees Twenty Eight lakhs Fifteen Thousand Only) to all the respondents as full and final settlement between the parties in the suit schedule properties. Out of which amount of Rs.3,15,000/- (Three lakhs Fifteen Thousand Only) through Demand Draft bearing No.342277 Drawn on RBL Bank dated 22/8/2023 in favour of the Respondent NO.4 i.e., Smt.Mamatha W/o Ravi, and the above said amount is received by the Respondent No.4 i.e., Smt.Mamatha W/o Ravi, on her behalf and on behalf of the respondents No.3 and 5 towards full and final settlement with respect to suit schedule properties.

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4. The remaining amount of Rs.25,00,000/(Rupees Twenty Five lakhs Only) through Demand Draft bearing No.342276 Drawn on RBL Bank dated 22/8/2023 in favour of the Respondent NO.1(a)(ii) i.e., Sri K.M.Panduranga S/o Late Maregowda, and the above said amount is received by the Respondent No.1(a)(ii) on his behalf and on behalf of the other respondents towards full and final settlement with respect to suit schedule properties.

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11 -

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NC: 2023:KHC:30708 RSA No. 3013 of 2010

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The respondents states that they have no claim of whatsoever nature from the appellants pursuant to this compromise and all the respondents have given up their claim, rights and what so ever of any nature in relation to suit schedule properties in favour of appellants herein. The respondents will distribute the above mentioned sum received amongst themselves with their separate understanding without throlving the appellants herein.

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5. The respondents admits that the appellants are the absolute owners in possession and title over the suit properties.

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6. All the Respondents admit that they have no right, title or interest in the suit properties and they are not in possession of the same and the respondents will not interfere with the possession of the appellants in future and the respondents are not disputing the title of the appellant in the suit property either by them or by the any family members or anybody claiming through them. 7. As per the terms stated above the parties have resolved and compromised the dispute between them.

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8. The appellants and respondents have entered in to this compromise petition on their free will and violation and there is no threat, force, coercion, undue influence in entering this compromise."

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NC: 2023:KHC:30708 RSA No. 3013 of 2010

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The compromise petition filed on 22.08.2023 and the affidavit of respondent No.1(a)(ii)-Sri Panduranga, so also, the memo filed by respondent No.4-Smt.Mamatha filed today, are placed on record.

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By virtue of this compromise petition, parties have agreed to abide by the terms and conditions mentioned therein. If any violation with regard to compromise petition in the form of dishonour of cheque, the same will enure to the benefit of the respondents to revive the compromise petition.

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On a query posed by this Court, it is stated by the parties that they have voluntarily agreed to the compromise petition and have expressed that there is no coercion or undue influence in entering into this compromise, the execution of the same is admitted.

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Under these circumstances, this appeal is disposed of in terms of the compromise petition. However, the same is subject to the orders passed by this Court with regard to compliance and honouring of the cheques issued by respondent Nos.1(a)(ii) and 4.

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NC: 2023:KHC:30708 RSA No. 3013 of 2010

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In view of the appeal being disposed of, pending

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application, if any, would pale into insignificance.

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Sd/JUDGE

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Sri v. Shivanna v Sri P Nanjaiah @ Gantappa S/O Late Maregowda

Case brief

What is this about?

What did the court decide?

Sri v. Shivanna v Sri P Nanjaiah @ Gantappa S/O Late Maregowda

Case brief

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What did the court decide?

What the court decided

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