PARUTAPPA Vs. SANKAPPA

JUDGEMENT

(1.) The appellants/defendants have filed this appeal challenging the judgment and decree dated 16.06.2005 passed by the Presiding Officer, Fast Track Court-I, Bagalkot in R.A.No.17/2005.

(2.) The brief facts of the case are that, one original propositus Parasappa had two sons by name, Shankarappa and Basavantappa. Shankarappa had a wife by name Mallawwa and out of their wedlock, plaintiffs Sankappa and Kadappa were born. Basavantappa had two sons by name Parutappa defendant No.1 and Chandrashekhar defendant No.2. Parutappa had four sons by name, Mallikarjun defendant No.3, Vishnu defendant No.4, Ravi defendant No.5 and Vishwanath defendant No.6. Plaintiffs and defendants are members of Hindu undivided joint family and the suit properties are the ancestral joint family properties and that no partition took place in between the plaintiffs and defendants. The plaintiffs requested the defendants to effect partition, but the defendants refused to effect the partition. Hence, the plaintiffs constrained to file the suit.

(3.) Defendant No.1 filed written statement denying the plaint averments and also relationship of plaintiffs with the deceased Shankarappa. It is contended that the plaintiffs are not the sons of deceased Shankarappa and they are not entitled for share in the suit schedule property. It is further contended that deceased Shankarappa during his lifetime relinquished his rights in favour of Basavantappa, hence, Basavantappa became the owner of the suit lands. It is further contended that, father of defendants, i.e., Basavantappa has purchased suit land on 25.04.1946 from one Muralidhar Balamukund Marawadi. He further contended that the plaintiffs are not concerned to their family and hence, they are not entitled for a share in the suit properties and the suit filed by the plaintiffs is not maintainable. Hence, they sought for dismissal of the suit. Defendant Nos.2 to 5 filed a memo adopting the written statement filed by defendant No.1. The trial Court on the basis of the pleadings, framed following issues.