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(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)

2. RFA.No.100561/2019 is preferred by defendant Nos.6, 7, 9 and 10, while RFA.No.100152/2020 and RFA.No.100113/ 2020 are preferred by defendant Nos.8 and 5 respectively in O.S.No.90/2014.

3. All these appeals arise out of the judgment and decree dated 18.11.2019 passed in O.S.No.90/2014 by the II Additional Senior Civil Judge and JMFC, Gokak1.

4. The said suit filed by the sole plaintiff-Shantawwa, for partition and separate possession of her alleged share in the suit schedule properties, for declaration, injunction and other reliefs was partly decreed by the Trial Court in favour of the plaintiff against the defendants.

14. After hearing the parties, the Trial Court proceeded to pass the impugned judgment and decree, partly decreeing the suit as hereunder ORDER Suit of the plaintiff is decreed in part. It is declared that the plaintiff is entitled to 1/8th share in the suit properties. The defendants

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NC: 2025:KHC-D:13049-DB HC-KAR No.1(a) to (c) together are entitled to 2/8th share, defendants No.3 and 4 are entitled to 2/8th share each and defendants No.12 to 15 together are entitled to 1/8th share in the suit properties.

Point Nos.(i) to (iii) are answered accordingly.

46. In the result, we pass the following :

ORDER

1. All the appeals are hereby allowed.

2. The impugned judgment and decree dated 18.11.2019 passed in O.S.No.90/2014 passed by the II Additional Senior Civil Judge is hereby modified.

3. The suit of the plaintiff is partly decreed by holding that the plaintiff would be entitled to partition and separate possession of her half share i.e., only to an extent 2 acres 28 guntas only in R.S.No.470/3 of Koujalagi village and the sale deed dated 14.11.2013 executed by defendant No.1 in favour of defendant No.11 would not be binding on the share of the plaintiff.