SMT. MANIKYAMMA AND OTHERS Vs. CHIKKAGIRIYAPPA AND ANOTHER

JUDGEMENT

(1.) THIS is an appeal by the defendants.

(2.) THE parties are referred to by their rank before the trial Court for the sake of convenience.

(3.) THE defendants had entered appearance and had contested the suit. They had denied the plaint averments. However, it was admitted that the suit was decreed in the year 1973. But it was denied that the Final Decree Proceedings were initiated only after a period of almost three decades. It was claimed that the father of defendants 4 and 5 had filed a Miscellaneous Petition in the above suit filed by the defendants in O.S. 1799/1981 and the same was ultimately dismissed only in 1989. As against the said order, yet another miscellaneous petition was filed, which in turn, was dismissed only in the year 1994. It is hence contended that there was no delay. It was asserted that the joint family of Doddagiriyappa and Sannagiriyappa consisted of three sons of Sannagiriyappa, namely, Dasappa, Venkataswamy and Ramaiah. The suit for partition instituted by the widow and children of Venkataswamy had been contested since the year 1967 and the suit was ultimately decreed granting one third share in favour of the defendants herein and that the Final Decree Proceedings had been instituted and had been dealt with in accordance with law and hence the plaintiffs had no claim and interest in the suit property. As there was resistance to the defendants taking possession of the property allotted to them, they were constrained to file an execution petition in Case No. 783/2003 and had obtained possession of the suit property in accordance with law. It is thereafter that the suit was filed by the plaintiffs in collusion with defendants 4 and 5 and sought dismissal of the suit.