SANGAPPA Vs. M M SIDDAMMA

JUDGEMENT

(1.) Appeal filed under section 96 of the C.RC. by the seventh defendant in O.S.No. 117/2001, on the file of the II Addl. Civil Judge (Sr.Dn.), Davanagere. The suit was by the first respon-dent, who was the plaintiff in the suit, array-ing the legal representatives of her elder brother by name M.M.Doddabasappa as de-fendants 1 to 7, being the wife and children respectively of M.M. Doddabasappa.

(2.) Case of the plaintiff was that one Murugendrappa son of Maganahalli Sangappa, was the propositus of the family, who owned several properties; that he had two children namely M.M.Siddamma, the plaintiff and one M.M. Doddabasappa, her elder brother, who was no more at the time of filing the suit, and therefore, the plaintiff had impleaded the said M.M. Doddabasappa's wife and children as defendants 1 to 7 and had filed the suit seek-ing judgment and decree for dividing the fam-ily properties and to allot her share as un-der :-

(3.) The suit was contested by defendants 1 and 7 and the first defendant having died dur-ing pendency of the suit, defendants 2 to 7 who also constituted legal representatives, to represent the estate of deceased first defen-dant, have doubled up in this capacity also.