MUNIRATHNAMMA, D/O. LATE MUNIYAPPA, W/O. MUNIYAPPA, RESIDENT OF MUTHSANDRA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK AND OTHERS Vs. SRI ANNEPPA, S/O. LATE SRI MUNIYAPPA, NO. 305, 1ST MAIN ROAD, 8TH CROSS. VIVEKANANDA ROAD, R.M. NAGAR, BANGALORE -

JUDGEMENT

(1.) PLAINTIFFS in the suit have filed MFA Nos. 7076 and 7077 of 2011 questioning a common order passed on LA Nos. 1 and 2 by the Trial Court. Defendants 13 to 16 have filed MFA 7532/2011 questioning an order passed by the Trial Court on I.A No. 3. The other Respondents in the appeals being unnecessary parties for consideration of subject matter herein, the Appellants in MFA 7076 and 7077 of 2011 did not take out notice of the appeal to Respondents 1 to 12/defendants 1 to 12. For convenience, the parties would be referred to with reference to their rank in the Trial Court.

(2.) SUIT is for passing of decree of partition and to put the Plaintiffs in separate possession of 1/10th share in the suit property - 1 acre 10 guntas of land in Sy. No. 384, situated at Kalkere Village, Krishnarajapuram Hobli, Bangalore East Taluk. The Plaintiffs have sought consequential relief to hold a sale deed dated 03.10.1996 executed by Defendants 1 to 7 and 9 to 12 in favour of Defendants 13 to 16 in respect of 36 guntas of suit property and another sale deed dated 14.11.2002 executed by Defendants 1 to 12 in favour of Defendant No. 17 in respect of 8 guntas of suit property as illegal and not binding on their half share and for enquiry into mesne profits under Order 20 Rule 12 of C.P.C

(3.) WITH a view to appreciate the facts involved in the matter, it is necessary to notice the genealogical table of the parties. <FRM>JUDGEMENT_1134_TLKAR0_2011.htm</FRM> ** P - Plaintiff D Defendant