NEELAKANT Vs. SHANKAR SIDDAPPA CHUNGADI

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendants, assailing the judgment and decree dtd. 5/8/2016 passed in R.A.No.238/2012 on the file of the XI Addl. District and Sessions Judge, Belagavi (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the judgment and decree dtd. 10/10/2012 passed in O.S.No.29/2010 on the file of the Senior Civil Judge, Khanapur (hereinafter referred to as 'the trial Court', for brevity), decreeing the suit of the plaintiffs.

(2.) For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The plaInt averments are that, the plaintiffs are the children of Siddappa Shivalingappa Chungadi. Plaintiffs 1 to 3 are the children of Siddappa Shivalingappa Chungadi and plaintiff No.4 (Smt. Kashawwa). Father of the plaintiffs No.1 to 3 died on 20/7/2007 leaving behind the suit schedule properties and thereafter, the plaintiffs succeeded to the estate left behind by the said Siddappa Shivalingappa Chungadi. It is the case of the plaintiffs that, during his life time, the father of plaintiffs No.1 to 3 - Siddappa Shivalingappa Chungadi was managing the property as Karta of the joint family and therefore,, disputed the interference made by the defendants. It is further stated in the plaint that, the said Siddappa Shivalingappa Chungadi used to take the assistance of Smt. Sharadabai (grandmother of defendants) as she came from the agricultural family. It is further stated in the plaint that, taking the advantage of the fact that her son Basavalingappa was not well versed in the agricultural aspects, the said Sharadabai was managing the said agricultural lands belonging to said Siddappa Shivalingappa Chungadi. Therefore, it is the case of the plaintiffs that, the said Sharadabai has no manner of right title of interest insofar as suit schedule properties and the defendants being the grandchildren of said Sharadabai, are interfering with the suit schedule property and as such, the plaintiffs filed O.S. No.29/2010 before the trial Court seeking the relief of declaration and consequential relief of permanent injunction against the defendants. The plaintiffs have also challenged the release deed dtd. 26/7/2008 said to have been executed by Sharadabai, as not binding on the plaintiffs.