SAVITRI Vs. ADIVEPPA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 20/10/2009 passed by Principal Civil Judge (Sr.Dn.), Bagalkot in O.S.No.153/2002, this appeal is filed by defendants.

(2.) Appellants herein were defendants no.1 and 2 in original suit, while respondents herein were plaintiffs. For sake of convenience, parties will hereinafter be referred to as per their ranks in the suit.

(3.) O.S.no.153/2002 was filed seeking for decree of declaration that deceased Adiveppa S/o Dyavappa Katageri succeeded to 'B' schedule properties not only as per last Will of Smt.Laxmavva but also under common rule of succession in Hindu Succession Act, and after his demise plaintiff and defendant no.1 succeeded to 'B' schedule properties. Plaintiff also sought for decree of permanent injunction restraining defendants from interfering with peaceful possession and enjoyment of 'B' schedule properties.