2006 (1) TMI 663

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....t in the suit has filed the present second appeal. The first respondent herein, as the plaintiff, has filed the suit for partition and possession. The first defendant/appellant herein has defended the suit on various grounds, including ouster in respect of right of using a well. The first defendant has also filed his additional written statement to the effect that the suit is bad for partial parti....

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....ute regarding the existence of 15 sovereigns of "Kasu Malai" and therefore, its non-inclusion will not affect the right of plaintiff for seeking the relief of partition. It is against the said judgment of the first Appellate Court that the first defendant has filed the present second appeal. 2. The substantial question of law raised at the time of admission before this Court is whether the non-....

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....it formed part of the joint family property. According to him, the non-inclusion of the "Kasu Malai" is fatal to the suit for partition. 4. Mr. V. Raghavachari, learned counsel for the appellant placed reliance on the judgment of the Supreme Court rendered in Kenchegowda (since deceased) by Legal Representatives v. Sri Slddegowda @ Motegowda (1994) 4 SCC 294. In this case, the Supreme Court has....

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....ly no question of law, nevertheless a substantial question of law, is involved in the matter and the judgment of the first Appellate Court in coming to a conclusion as if it is not proved that the plaintiff has taken a "Kasu Malai" from the first defendant and therefore, non-inclusion of "Kasu Malai" in the schedule will not affect the relief claimed in the suit is not sustainable. What is importa....