ANAND SHETTY Vs. K BHUJANGA SHETTY

JUDGEMENT

(1.) The appellant who was defendant No. 3 in O.S. No. 142/1999 on the file of Addl. Civil Judge (Sr.Dn.), Hubli, is challenging the judgment and decree passed by the said Court on 7/4/2005. We have heard the learned counsel for the parties.

(2.) For the sake of convenience the parties will be referred as per the status before the Court below.

(3.) The plaintiff Bhujang Shetty, defendant No. 1-Govinda Shetty, defendant No. 2-Jagannath Shetty, defendant No. 3-Ananda Shetty and one Kallappa Shetty the husband of defendant No. 4 and father of defendant No. 5 and 6 are the children of Muddanna Shetty. The plaintiff Bhujanga Shetty filed the suit for declaration to declare that he is having 1/5th share by meets and bounds in respect of plaint schedule property and to restrain the defendants from alienating the plaint schedule property. The plaint schedule property is a hotel building bearing CTS No. 2632 and 2625/2B.