MANCHAIAH Vs. HYAMAIAH

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the impugned judgment and decree dtd. 9/4/2007 passed in O.S.No.200/2001 on the file of the learned Civil Judge (Sr.Dn.), Kunigal (hereinafter referred to as 'trial Court' for brevity) decreeing the suit of the plaintiffs and allotting them 1/6th share in the suit schedule properties and directing to hold an enquiry to determine the mesne profits relating to 'B'-schedule properties, which was confirmed by judgment dtd. 15/9/2010 in R.A.No.283/2007 on the file of the Principal District Judge, Tumkur (hereinafter referred to as 'First Appellate Court' for brevity) by dismissing the appeal.

(2.) For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

(3.) Brief facts of the case are that respondent Nos.1 to 3 as plaintiffs have filed O.S.No.200/2001 before the trial Court against the appellant and respondent Nos.4 to 9, seeking declaration that A, B and C schedule properties are the joint family properties and for partition and separate possession of their 1/6th share in the same. Further to declare that the sale deeds dtd. 3/4/1976, 02/8/9/1986, 1/6/1991 and 20/6/1991 got executed in the name of defendant No.1, judgment and decree passed in O.S.No.657/1993 will not affect the rights of the plaintiffs, their shares and for mesne profits, partition and separate possession of the schedule properties. The plaintiffs contended that they are the children of Basamma, the second wife of Hymagiraiah. Defendant Nos.1 to 5 are the children of Basamma and defendant Nos.6 and 7 are the children of late Chennamma, the first wife of Hymagiraiah.