BHIMASHYA Vs. JANABI ALIAS JANAWWA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Karnataka High Court dismissing the Second Appeal filed by the appellants who are defendants in the suit filed by the respondent as plaintiff. In the impugned judgment the High Court held that the stand taken by the defendants that defendant No.1 was the adopted son of one Fakirappa, was not established. However, it granted relief in respect of property at item No.3 in the schedule to the plaint, which the first Appellate Court had held to be ancestral property of Fakirappa. High Court held that the said property is the self acquired property of defendant No.1 and the plaintiff is not entitled to any share in the said property. The parties are described in the manner they were arrayed in the suit filed by the plaintiff.

(3.) The factual position, in a nutshell, is as follows: