B. SAVITHRAMMA Vs. HOMBAKKA AND OTHERS
LAWS(KAR)-2017-11-286
HIGH COURT OF KARNATAKA
Decided on November 21,2017

B. Savithramma Appellant
VERSUS
Hombakka And Others Respondents




JUDGEMENT

B.S.PATIL,J. - (1.)RFA. 1188/2015 arises out of a preliminary decree dated 19.11.2010 passed in O.S. No. 1667/2009 decreeing the suit filed by Smt. Hombakki/plaintiff - respondent No. 1 herein awarding 1/4, share in the suit schedule property in her favour inter alia declaring that the Sale Deed dated 30.04.2004 executed by her father and brothers - defendants 1 to 4 was not binding on her. RFA. 1189/2015 arises out of final decree dated 30.11.2013 drawn in FDP. No. 6/2011 pursuant to the preliminary decree passed. As both these appeals pertain to same subject matter, they are clubbed, heard together and are disposed of by this common judgment.
(2.)For the sake of convenience, parties are referred to by their ranks in the Trial Court.
(3.)Undisputed facts are that Smt. Hombakka - plaintiff is the daughter of defendant No. 1 - Thimmaiah (died during the pendency of the suit). Defendants 2 to 4 are the brothers of plaintiff, whereas defendant No. 5 - B. Savithramma/appellant herein is the purchaser of suit schedule property bearing Sy. No. 31 measuring 2 acres 17 guntas situated at Yentaganahalli, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District.


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