JAGANANATH SHETTY Vs. SUNIL KUMAR SHETTY

JUDGEMENT

(1.) This Regular Second Appeal is filed by the legal representatives of the deceased defendant No. 1 challenging the Judgment and Decree dtd. 22/9/2005 in O.S.No.186/1997 passed by the Additional Civil Judge (Jr.Dn.) & J.M.F.C., Udupi and the concurring Judgment and Decree dtd. 23/8/2012 passed by the Additional Senior Civil Judge, Udupi in R.A.No. 84/2005.

(2.) The parties are henceforth referred to as they were arrayed before the Trial Court. The appellant was the legal representative of defendant no.1 while the respondents were the plaintiffs andother defendants before the Trial Court.

(3.) The facts as stated in O.S. No. 186/1997 are that the plaintiff and the defendants 4, 5, 7 are the children of the defendant No. 2. The defendant No. 1, defendant No. 2 and the defendant No. 3 were the children of Thumbe Shedthy. For the sake of convenience, the family tree of the plaintiff and the defendants is extracted below.