SHARAD S/O SADASHIV SHIPURKAR @ INAMDAR @ MUTALIK DESAI AND OTHERS Vs. SMT USHA W/O RAMACHANDRA SHIPURKAR @ INAMDAR MUTALIK DESAI AND OTHERS

JUDGEMENT

(1.) THESE two appeals arise out of the common judgment and decree dated 29 -9 -2000 passed in OS No 144 of 1996, on the file of the Principal Civil Judge (Sr Dn), Belgaum.

(2.) WHILE Defendants 1 to 6 in the suit are in appeal in RFA No 79 of 2001, Plaintiffs 1 to 3 are in appeal in the other appeal in RFA No 741 of 2001. RE: RFA No 79 OF 2001

(3.) OBVIOUSLY the Defendants are not keen to yield this extent of share in favour of Plaintiffs 1 to 3 and have raised some grounds in support of the same in the memorandum of appeal. The Defendants had set up the plea of partition and in support of this case had produced several documents including ExD1 to 19, sale deeds and municipal records written in Marathi language. It appears the Defendants though sought to rely upon these documents before the trial court, did not choose to produce the translated versions of the same either in the official language of the state viz., Kannada or in English, the language used for court transactions.