D. REVANASIDDAPPA Vs. D. PARAMESHWARAPPA

JUDGEMENT

(1.) This appeal under Section 96 of Code of Civil Procedure is filed by the defendants challenging the judgment and decree dated 02.06.2004 in O.S. No. 214/2002 passed by the Civil Judge (Sr.Dn.), Harihara, whereby Civil Court has decreed the suit filed by the plaintiffs for partition.

(2.) The case of the plaintiffs is that one Sri Mallappa has three sons namely, Revanasiddappa, Parameshwarappa and Hanumanthappa. Plaintiff No. 1 is the brother of defendant No. 1; plaintiff No. 2 and defendant No. 2 are sons of one Sri Hanumanthappa. Hanumanthappa has died. Suit schedule properties are joint family property of Mallappa. After death of Mallappa, the plaintiffs and defendants were jointly cultivating the suit schedule property. Plaintiffs have filed a suit in O.S. No. 214/2002 before the Civil Judge (Sr.Dn.), Harihara, for partition and separate possession. After service of summons, defendants appeared through their counsel. They have filed written statement and contended that there was a partition among the plaintiffs and defendants in the year 1985 and further they have contended that another 5 acres of land which is purchased from the income of joint family property has not been included as suit schedule property. On appreciation of pleadings of the parties, Trial Court has framed following issues;

(3.) In order to prove their case, plaintiff Nos. 1 and 2 have been examined as PWs. 1 and 2 and they have marked Exhibits P1 to P10 documents and on the other hand, defendant No. 1 was examined as DW. 1 and examined another witness as DW. 2 and not marked any documents. On appreciation of oral and documentary evidence, the Trial Court has given finding on issues and decreed the suit.