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Karnataka High Court

Smt Seetha Poojarthy W/O Late Manja ... vs Panju Poojary S/O Anthamma Poojary on 19 March, 2012

Author: Ram Mohan Reddy

Bench: Ram Mohan Reddy

JUDGMENT@k iiu: ism zuui 17m ckiefidaifis'ifi»t3§;¢4i/ézt aggrieved by the judgment"ai1d decree dt.i"f$'/Ll/VZQGZ of the Prl. Civil Judge declaring plaintiffs and the ~».<_Lp» are entitled to 1/1691 share, w_hi1e are jointly entitled to defendant No.2 Manja Billavtji in the suit schedule property: preierirgevd R_,A.29/ before the Court of Fast Track; by judgment and decree dt.

27/8/ _ Wh_e1AiCei trial court's finding was modi-Jed en'titli11gv"pla-intiffs l & 2 and defendants l, 4, 5 aridl°7i,.j*to '~--l_5 tofl"/'"'l6th share in 'A' schedule property, While 16 and 17 entitled to 1/1531 share, jointly, suit schedule properties. Hence this sec«ond__*a'ppeal.

ixi the tenants of the suit lands and that his sister Smt. Anthamma and brother Joga Billava and hims4e.lf»-we_re residing and living together in one house. _ the said Manja Billava testified before the " "

and the deposition Ex.P7 disclose:§"tldat»._the' rights are that of his ancestors. 1353 the widow of Manja Billagva 'depositiongsglas DWI admits the contents '-that view of the matter the lffinding in the affirmative Suit Schedule 'reroberty and answered in the negative' the claim of the said Manja Billava; defendant that it was his self _____ Lower Appellate Court, being the final fact fiiidiiig court, on a reappreciation of the evidence both oral and documentary, concurred with the findings ' the trial court on the said issues, following the Lek