GAVISIDDAYYA Vs. VEERAYYA

JUDGEMENT

(1.) The present second appeal has been filed challenging the judgment and decree passed in RA No.93/2008 dated 30.01.2012 and seeking for dismissal of the suit in OS No.01/2003 by confirming the Judgment and Decree dated 26.09.2008 passed by Civil Judge (Sr. Dvn.) and CJM, Gadag.

(2.) Heard the learned counsel for the appellants and learned counsel for the respondent Nos.1 to 5.

(3.) The respondents Nos.1 to 5 were plaintiffs and the appellant Nos.1 to 5 were defendants in OS No.01/2003 on the file of the Civil Judge (Sr. Dn.) ad CJM, Gadag. The said suit has been filed by the respondents seeking declaration in respect of suit land bearing Re.Sy.No.106/A2 and they have also sought for permanent injunction. The claim of the respondents-plaintiffs before the trial Court is that they became the owners of the said property by virtue of registered Will executed by their grand father Veerabhadrayya Veerayya Kanavimath. The respondents-plaintiffs also contended that their father Shanmukayya had executed a gift deed dated 15.09.1965 in favour of first defendant Channaveeravva is invalid and void. The said Veerabhadrayya Veerayya Kanavimath died on 04.04.1965 and the said Shanmukayya died on 28.08.1996.