SHIVANNA AND ORS Vs. SHEKAR AND ORS

JUDGEMENT

(1.) This appeal under Section 96 of the Code of Civil Procedure is by the legal heirs of 2nd and 3rd defendants in the suit.

(2.) Suit was for partition of the suit schedule property among the plaintiffs and the defendants. Plaintiff Nos.1 and 2 claiming to be the sons of the 4th defendant in the suit had sought for partition and separate share by metes and bounds impleading the siblings of their father.

(3.) The case of the plaintiffs was that one Marchi Gowda was the prepositor of the family and Smt. Mallamma is his wife. Marchi Gowda and Mallamma had three sons and two daughters by name Shivanna, Appaji Gowda, Rajegowda, Thayamma and Sannamma. It is the sons of Rajegowda, who had filed the suit claiming for partition and separate possession.