SIDDALINGESHWAR Vs. VIRUPAXGOUDA

JUDGEMENT

(1.) THE appellants were the plaintiffs and respondents were defendants in O. S. No. 176/1999 on the file of the Civil Judge (Sr. Division), Gadag. For convenience we will refer to the parties by their ranks in the suit or by their names.

(2.) VIRUPAXGOUDA and Veerangouda (Defendants 1 and 2 in this suit) are brothers and are the sons of late Basangouda Patil and his wife Basavva. Plaintiffs- 1 to 4 are the children, and plaintiff No. 5 is the wife of Virupaxgouda, the first defendant. The third and fourth defendants are respectively the son and wife of Veerangouda, the second defendant.

(3.) BASANGOUDA, filed a suit against his two sons (Virupaxgouda and Veerangouda) and his wife (Basavva) in O. S. No. 60/1994 on the file of the Civil Judge (Sr. Division) Gadag for partition and separate possession of his one-fourth share in the joint family properties. He alleged that there was no partition till then. During the pendency of the suit, Basangouda died. Basangouda s second son Veerangouda and Basangouda s widow - Basavva (defendants 2 and 3 in that suit) were transposed as plaintiffs 1a and 1b, and virupaxgouda continued as the sole defendant. Subsequently, basavva also died allegedly leaving a will bequeathing her properties to Somashekhargouda, son of Veerangonda, and accordingly somashekhargouda was impleaded as plaintiff 1b (1) as the L. R. of the deceased Basavva in that suit. A compromise petition was filed on 28. 5. 1999 in the said suit (O. S. No. 60/1994) by the plaintiffs in the suit (Veerangouda and his Somashekhargouda) on the one hand and the defendant in the suit (Virupaxgouda) on the other, dividing the suit properties. The said compromise proceeded on the basis that there was no earlier partition. A consent Decree was passed in terms of the said compromise on 31. 5. 1999.