SAHEB REDDY Vs. SHARANAPPA AND ORS

JUDGEMENT

(1.) The appellant - original defendant no.1 is aggrieved by the judgment dated 15th December, 2011 of the High Court of Karnataka, Circuit Bench at Gulbarga, rendered in Regular Second Appeal No. 7310 of 2009, whereby the High Court has allowed the appeal of the appellant herein by setting aside the judgment and decree of the first appellate Court dated 31st August, 2009 and restored the judgment and decree dated 9th February, 2007 rendered by the trial Court.

(2.) For the purpose of convenience, the parties to the litigation have been referred to as they were before the trial Court. As the matter pertains to partition of the family property, the following chart would give a better idea of the relationships among the parties:

(3.) The brief facts, which are necessary for proper appreciation of the dispute among the parties, in a nutshell, are as follows:- The plaintiff-Respondent No.1 herein, son of Smt. Nagamma and grandson of late Shri Sharnappa Gaded, filed Civil Suit OS No. 22 of 2005 in the Court of Civil Judge (Senior Division), Yadgir for partition and separate possession of his share by metes and bounds and with a prayer to put him in possession of the suit property and for a declaration that registered adoption deed dated 9.2.1971 is null and void and for other consequential reliefs.