CHOWDAMMA Vs. VENKATAPPA

JUDGEMENT

(1.) This Appeal calls in question the impugned order dtd. 28/10/2010 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No.935 of 2005, whereby the High Court allowed the said appeal filed by the plaintiffs and set aside the judgment of the learned Civil Judge (Senior Division) Holalkere, dtd. 24/3/2005 in O.S No.102/2001, consequently decreed the suit for partition filed by the plaintiffs.

(2.) The defendants in O.S.No.102/2001 are the appellants herein, and the plaintiffs are respondents. The parties shall be referred to as per their position before the Trial Court for convenience.

(3.) The case of the plaintiffs is that their grandfather, namely Thimmabovi Vellappa, had two sons: Dasabovi @ Dasappa and Venkatappa. Dasabovi had two wives. The first wife, Bheemakka @ Sathyakka, is the mother of the plaintiffs. The second wife, Chowdamma, is defendant No.1, and their son is defendant No.2. Dasabovi died about five years prior to the filing of the suit, leaving behind plaintiff Nos.1 and 2 and defendant Nos.1 and 2. The suit schedule lands bearing Survey Nos.39/1B, 149, 41/lP, 37/1, 37/lA, and 29/9, and the house bearing No.38, situated in Devigere and Kallahally village, Hosadurga Taluk.