G. JAYAPPA Vs. C MAHALINGAPPA

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and decree dtd. 30/8/2018 passed in O.S.No.44/2011 by the Senior Civil Judge, Channagiri, whereby the aforesaid suit for partition and separate of the plaintiff's share in the suit schedule properties filed by respondent No.1, against respondent No.2 and other defendants was decreed by the Trial Court. Before the Trial Court, respondent No.1 - C.Mahalingappa, was the plaintiff, while his son Mallikarjuna was defendant No.1. So also the daughters of Sri C.Mahalingappa were arrayed as defendant No.5 and 6, both of whom were minors and represented by their mother and natural guardian Smt.Eramma.

(2.) This appeal is filed by defendants No.2 and 3 who are said to be purchasers of the suit schedule properties. The deceased plaintiff is arrayed as respondent No.1 while defendants No.1, 4, 5 and 6 are arrayed as respondents No.2 to 5.

(3.) The appellants as well as respondent No.1(a), 2, respondents No.4 and 5 have filed a joint compromise petition. As stated supra, respondent No.1 Sri C.Mahalingappa having expired during the pendency of the appeal, he is represented by his second wife Smt.Eramma who is brought on record as his legal representative.