VAIJINATH S/O LINGAPPA SAJJANSHETTY, DIST: BIDAR Vs. VASANTHRAO S/O GUNDERAO, DIST. BIDAR, DIED BY L.RS. (KAMALABAI W/O LATE VASANTH RAO

JUDGEMENT

(1.) THIS Regular First Appeal under Section 96 of Code of Civil Procedure by the second defendant in the suit is directed against the judgment and decree dated 7 -9 -2001 passed in OS No 45 of 1994, on the file of Addl Civil Judge (Sr Dn), Bidar. For the sake of convenience, the parties will be referred to in their respective ranks in the suit.

(2.) THE suit of the plaintiffs for declaration and perpetual injunction having been decreed by the trial court, only contesting defendant amongst the persons impleaded as defendants to the suit is in appeal before this court to get over this judgment and decree.

(3.) THE suit was for a prayer to the effect that the suit schedule properties viz., parcels of lands in Sy No 86/2 totally measuring 5 acres 30 guntas [later sub -poded as Sy Nos 86/2A measuring 2 acres 33 guntas and Sy No 86/2B measuring 2 acres 37 guntas] was a joint family property; that the status of the family remained joint and therefore the two sale transactions in favour of third defendant do not bind the share of the plaintiffs in the joint family and also for a consequential restraint order against defendants 3 and 4 alone from interfering with the joint possession of the suit schedule properties by the plaintiffs etc.