KARABASAPPA Vs. JAYAMMA

JUDGEMENT

(1.) This Regular Second Appeal is filed by defendant No.2 challenging the judgment and decree dtd. 14/11/2014 passed in R.A.No.2/2012 on the file of the Senior Civil Judge and JMFC, Hirekerur (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the judgment and decree dtd. 22/11/2011, passed in O.S.No.248/2004 on the file of the Civil Judge and JMFC, Hirekerur (hereinafter referred to as 'the trial Court', for brevity) decreeing the suit in part.

(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.) It is the case of the plaintiffs that, plaintiffs are the daughters of Shekhappa and Shantamma (defendant No.1) and defendant No.2 is the brother of plaintiffs. It is the case of the plaintiffs that, father of the plaintiffs died on 19/2/1991, leaving behind the joint family properties and as such, plaintiffs are entitled for share in the suit schedule property and the same was denied by defendants and accordingly, plaintiffs have filed O.S.No.248/2004 before the trial Court seeking relief of partition and separate possession in respect of suit schedule property.