S.RAMAKRISHNA Vs. S.APPAIAH

JUDGEMENT

(1.) The brothers, i.e., the plaintiff and the 3rd defendant who supported each other in a suit for partition are in second appeal, challenging the dismissal of their appeal by the Appellate Court.

(2.) Since both these appeals arise out of a common judgment and decree passed in O.S.No.640/2004 and RA No.64/2013, they are taken up together for disposal. One Subbaiah had four sons namely

(3.) S.Appaiah had filed a suit seeking for partition and separate possession of property bearing Sy.No.145/2P2 measuring 2 acres, situated at Kannamangala Village, Bidarahalli Hobli, Bengaluru East Taluk. It was his case that the suit property had been purchased in the name of his elder brother - S. Narayanappa (defendant No.1) out of joint family funds and it was, therefore, a joint family property. He further stated that since it was a joint family property, he was entitled to 1/4th share in it.