DODDA NAGAPPA @ K V NAGENDRA S/O LATE R VENKATARAVANAPPA Vs. SMT CHANNAMMA, W/O LATE MUSALAPPA, SINCE DEAD BY LRS SMT NAGAMMA, W/O GANGAPPA AND OTHERS

JUDGEMENT

(1.) THIS appeal is by the 4th defendant against the judgment and decree in O.S. No. 3644/1984 dated 11.10.2002 on the file of XXXI Additional City Civil Judge, Bangalore. Parties are referred to as per their ranking in the Trial Court.

(2.) THE deceased plaintiff No. 1 and plaintiff No. 2 filed a suit for partition and separate possession of 1/3rd and 1/9th share respectively in the suit schedule property, by metes and bounds. By contending that, the suit schedule property was acquired by Musalappa, it was his self acquired separate property. Plaintiff No. 1 was his wife. Plaintiff No. 2, defendant Nos. 8 and 9 were the daughters of Musalappa. Father of the defendant Nos. 2 to 7 and husband of defendant No. 1 was the son of Musalappa. After the death of Musalappa, plaintiffs, defendant Nos. 8 and 9 and defendant Nos. 1 to 7 have not partitioned the suit property, as such, plaintiffs claim that they are entitled for 1/3rd and 1/9th share respectively.

(3.) THE Trial Court on the basis of the pleadings framed the following issues and additional issues: