BASANNA AND ORS. Vs. GANGAMMA AND ORS.

JUDGEMENT

(1.) This appeal lays challenge to the judgment and decree dated 31.10.2009 in R.A.No.6/2008 passed by Addl. Dist. Judge, Raichur wherein the first appellate Court dismissed the appeal confirming the judgment and decree dated 13.12.2007 passed in O.S.No.46/2001 by the learned Prl. Civil Judge (Sr.Dn.) Raichur.

(2.) The appellants are defendant Nos.1 to 3 and respondent Nos.1 to 3 are the plaintiff Nos.1 to 3 and respondent No.4 was defendant No.4 before the trial Court. For the sake of convenience, the parties will be referred to as plaintiffs and defendants as per their respective ranks before the trial Court.

(3.) The brief case of the plaintiffs before the trial Court was that the plaintiffs instituted suit in O.S.No.46/2001 for partition and separate possession. The plaintiffs contention before the trial Court was that the common ancestor Suganna had two sons late Narsingappa and Basanna. Plaintiff No.1 is the widow of said Basanna. She had daughter by name Siddamma and a son by name Mallappa. Plaintiff No.2 is the widow of Mallappa and plaintiff No.3 is the son of Mallappa.