S.M. MUNIYAPPA S/O. MUNIYAPPA Vs. SMT. PAPAMMA W/O LATE MUNISWAMAIAH, SRI. M.S. SHANKAR S/O. LATE MUNISWAMAIAH, SRI. M. BABU S/O. LATE MUNISWAMAIAH AND SRI. MUNENDRA S/O LATE MUNISWAMAIAH

JUDGEMENT

(1.) THIS appeal, by the defendant is directed against the judgement and decree, dated 18.9.2000, passed by the XXII Additional City Civil and Sessions Judge, Bangalore, in O.S. No. 4193/1994.

(2.) BY the impugned judgement and decree, the Trial Court has decreed the suit of the plaintiffs, granting 1/2 share in the suit schedule property.

(3.) IN brief, the facts are: The respondents -plaintiffs filed suit for declaration, partition and separate possession. According to them, the first plaintiff is tin wife of Muniswamaiah and the 2nd respondent is the son of 1st plaintiff and plaintiffs 3 and 4 are the sons of Muniswamaiah through his first, wife Venkatamma. The appellant defendant is the brother of Muniswamaiah. Kunta Muniyappa had two wives namely Smt. Thirumalakka and Smt. Lakshmakka. Muniswamy is the son of Kunta Muniyappa through first wife. The defendant is the son of Kunta Muniyappa through second wife. The husband of the first plaintiff died on 1969. Suit schedule property belonged to Kunta Muniyappa and it was enjoyed by the defendant and the deceased Sri. Muniswamy as co -parceners. The plaintiffs, being the heirs of Muniswamy are entitled for 1/2 share. Therefore, the plaintiffs have filed suit for partition and separate possession of the suit schedule properly.