N. POOVAPPA Vs. SHASHIKALA

JUDGEMENT

(1.) The present regular second appeal is filed by the appellant/plaintiff No.2 aggrieved by the concurrent findings rendered in the judgment and decree dtd. 06/09/2000 in O.S.No.1449/1991 by the II Additional Civil Judge (Junior Division) Mangalore, D.K. (for short hereinafter referred to as 'the Trial Court') and the judgment and decree dtd. 14/03/2013 in RA.No.193/2000 by the III Additional Senior Judge, Mangalore, D.K. (for short hereinafter referred to as 'the first appellate court').

(2.) The parties are referred to as per their original rankings before the trial court.

(3.) Originally the suit in OS.No.1449/1991 was filed by one Narayana Moolya, the plaintiff against his son and daughter namely, Sanjiva and Revathi, the defendant Nos.1 and 2, seeking partition of plaint 'A' schedule property and for allotment of his share. During pendency of the said suit, Narayana Moolya died and thereafter, the present appellant-N.Poovappa was impleaded as supplemental plaintiff No.2 on the basis of a registered Will executed by Narayana Moolya in his favour.