BASAPPA NINGAPPA KUDAGOL Vs. SHIVAPPA JATEPPA KUDAGOL

JUDGEMENT

(1.) These two appeals are filed against the common judgment and decree dated 18.01.2006 in O.S.No.37/2001 and O.S.No.65/2001 on the file of Addl. Civil Judge (Sr.Dn.), Ranebennur, on the ground that the finding of the Trial Court that 'B' schedule property is the joint family property and 'D' schedule property which is not the subject matter of the Will dated 07.04.1977 is perverse and baseless. Therefore, the judgment and decree of the Trial Court insofar as in granting 1/4th share in favour of the respondents herein in 'C P q ' properties and half share in 'B' schedule properties is improper and illegal and the same is liable to be set aside.

(2.) The appellants are the plaintiffs in O.S.No.65/2001 and defendants in O.S.No.37/2001. The respondents herein have filed the suit for declaration that they have got half share in the ABCD suit schedule properties and for partition and separation possession of their half share and for mesne profits.

(3.) The appellants who are the plaintiffs in O.S.No.65/2001 filed the suit for declaration that the judgment and decree passed in O.S.No.39/1978 which was confirmed in RSA No.1035/96 and the Will dated 07.04.1977 said to have been executed by one Siddappa in favour of the defendants is not binding to the extent of half share of Ryavakka in the suit schedule properties and for declaration that they have become owners of half share of Ryavakka in the suit schedule properties.