SUPREME COURT OF INDIA (FROM: KARNATAKA)
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(1.) This appeal has been filed against the judgment delivered on 16th
November, 2005 in R.S.A. No.578 of 2000 by the High Court of Karnataka at
(2.) The facts giving rise to the present Appeal, in a nutshell, are as
The appellant is the original defendant in the Suit. The plaintiffs,
who are respondents herein, had filed a Suit for partition and separate
possession of the 7/8th share in the Suit property. The property in
question originally belonged to late Shaikaji, whose first wife Halimabi
had died and thereafter he had married Roshanbi. Out of the first marriage
with Halimabi, late Shaikaji had two children and one of them had died
whereas he had six children through his second marriage with Roshanbi. The
Suit was filed by the second wife and her children against the defendant,
who is the heir of the first wife.
(3.) The Suit was in respect of property
which was purchased by Shaikaji and the suit property was in occupation of
all the family members.;
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