GIRIJA Vs. RAMANAGOUDA

JUDGEMENT

(1.) This regular first appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter for brevity referred to as 'CPC') by the plaintiffs challenging the judgment and decree dtd. 20/6/2015 passed by the learned Senior Civil Judge, Saundatti (hereinafter for brevity referred to as 'trial Court') in O.S. No.56/2014.

(2.) For convenience, the parties are referred to as per their ranking before the trial Court.

(3.) Brief facts of the case are that, the plaintiffs have filed a suit for declaration to declare that the gift deed dtd. 2/9/2011 executed by defendant No.2 in favour of defendant No.3 is not binding on the share of the plaintiffs and for a partition and separate possession in respect of 'ABC' schedule properties. The further case of the plaintiffs is that, the original propositus by name Basanagouda son of Honagouda Patil expired on 28/7/1990 leaving behind his wife (defendant No.2) and three sons being plaintiff No.4, defendant No.1 and one Shivanagouda and three daughters being defendant Nos.4 to 6. The eldest son by name Shivanagouda expired on 16/9/2011 leaving behind his wife and two daughters i.e. plaintiff Nos.1 to 3.