VEERUPAKSHAPPA Vs. KAREPPA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiffs, challenging the judgment and decree dtd. 28/8/2017 passed in R.A.No.56/2015 on the file of the Principal Senior Civil Judge and CJM, Haveri (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the judgment and decree dtd. 10/4/2015 passed in O.S.No.208/2013 on the file of the Civil Judge and Judicial Magistrate I Class, Savanur (hereinafter referred to as 'the trial Court', for brevity), dismissing 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 relevant facts for adjudication of this appeal are that, the father of the plaintiffs - Somappa Madar was the owner of the land bearing Survey No.100A/3A to an extent of 02 acres 35 guntas out of 03 acres 03 guntas and father of the defendant - Mahadevappa Madar claims to be the owner of the remaining land to an extent of 08 guntas. It is the case of the plaintiffs that, the father of the plaintiffs was cultivating the land to an extent of 2 acres 38 guntas and the remaining 8 guntas of land was cultivated by the father of the defendants. It is further stated that, after the death of the father of plaintiffs and defendants, the plaintiffs and defendants were cultivating the suit schedule property jointly. It is averred that, there was no partition taken place between the parties and the defendant No.1 taking undue advantage of the illiteracy of the plaintiffs, changed the record of rights in respect of the suit schedule property by colluding with the Revenue Officers. As such, the plaintiffs have filed O.S.No.208/2013 before the trial Court seeking the relief of partition and separate possession in respect of the suit schedule property.