KADAPPA Vs. LAXMIBAI

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs.

(2.) The suit in OS No.368/1989 came to be filed by deceased plaintiff No.1 i.e., the wife of respondent herein, seeking for the partition and separate possession before the Principal Munsiff Court and JMFC, Hukkeri which came to be decreed on 10/3/1993 by granting a notional share. Regular appeal in RA No.44/1997 (old RA No.22/1993) filed before the Civil Judge (Sr.Dn.) at Hukkeri, was partly allowed. Another regular appeal filed by respondent No.15 who is the brother of deceased Sri.Kadappa, in RA No.45/1997 (old RA No.23/1993) came to be dismissed vide common judgment dtd. 27/9/1997.

(3.) The Respondent No.15 having filed RSA No.30/1998, vide order dtd. 11/6/2002 the decree came to be modified, directing equity to be given to the purchaser who had purchased a portion of the property belonging to the coparcener.