PILLAMMA Vs. ARASAPPA

JUDGEMENT

(1.) The appellants aggrieved by the judgment and decree dtd. 10/1/2006, passed in O.S.No. 9242/1997 by the XXII Addl. City Civil Judge, Bangalore, have filed this appeal.

(2.) Parties are referred to as per their ranking before the Trial Court. The appellants are the plaintiffs and respondent is the defendant.

(3.) Brief facts leading rise to filing of this appeal are as under: Plaintiffs filed a suit for partition and separate possession. It is the case of the plaintiffs that Doddapoojappa had two sons namely Chikkapoojappa and Arasappa i.e., the defendant. Doddapoojappa died leaving behind his legal representatives i.e., the plaintiffs and also left the immovable property bearing No.76 measuring 40' x 80' situated at Govindarajanagar. It is pleaded that Chikkapoojappa predeceased his father Doddapoojappa. Doddapoojappa died about two years back. The defendant is trying to alienate the suit schedule property with mala fide intention to deprive the legal right of the plaintiffs in the suit property. The suit property is the ancestral property and being in joint possession and enjoyment of the same. The plaintiffs are entitled for share in the suit schedule property. The plaintiffs requested the defendant to effect partition. The defendant has refused to effect partition. Thus cause of action arose for the plaintiffs to file the suit. Hence the suit.