BANOBAIAH S/O. LATE PATRAIAH Vs. OBAIAH @ PAMPAIAH S/O. LATE ODLA OBAIAH SINCE DEAD BY HIS LRS: RUDRANNA S/O OBAIAH @ PAMPAIAH AND OTHERS

JUDGEMENT

(1.) THIS appeal is by the defendant Nos. 1 and 2 in O.S. No. 7/2002 against the judgment and decree dated 16.11.2002 on the file of Civil Judge (Sr.Dn.), Challakere. Parties would be referred to as per their ranking in the trial court.

(2.) PLAINTIFFS i.e., respondent Nos.1 to 7 and 9 to 13 filed a suit seeking declaration, declaring that the judgment and preliminary decree passed in O.S. No. 3/1991 on the fie of Civil Judge (Sr.Dn.), Challakere, is illegal, void, collusive, fraudulent and not enforceable in law. Consequently for a decree of permanent injunction against defendant Nos.1 and 2.

(3.) GUNDAIAH had five sons viz., plaintiff Nos. 10, 11 and 12 and father of defendant No. 3 and father plaintiff Nos. 4, 5 and 6. They were all living in joint. In the year 1976, they separated themselves, divided the properties into five shares in both Sy.Nos. 29 and 32. In the year 1979, father of defendant Nos. 1 and 2 Patraiah filed a suit in O.S. NO. 125/1979 against the father of defendant No. 3 Bagaraiah and four others. After filing of the written statement, father of defendant Nos. 1 and 2 filed a memo for withdrawal of the suit with liberty to file a fresh suit on the same cause of action, however no suit was filed.