BHUPAL Vs. SHIVABAI

JUDGEMENT

(1.) The appellant who is defendant No.6 in the trial court is before this Court challenging the judgment dated 20/03/2020 passed in O.S.No.132/2011 by the Senior Civil Judge and JMFC, Athani in so far as findings on Issues 5, 6 and 7 are concerned.

(2.) It is contended that respondent No.1/plaintiff had filed a suit for partition and separate possession against respondents 2 to 6 who are defendants 1 to 5 before the trial court. The plaintiff and defendants 1 to 5 claim to be the legal heirs of propositus Basalingappa (who expired in the year 1982) alleging that there is a joint family between the said parties. It was claimed that each of them is entitled to 1/6th share in the suit properties on account of the same being ancestral.

(3.) The appellant/defendant No.6 has purchased item No.6 of the suit schedule property namely R.S.No.494/2 measuring 10 acres 23 guntas situated at Kokatnur village, Athani Taluk, Dist: Belagavi under a registered sale deed dated 07/07/2008.