ABDUL KHADIR Vs. GIRISH SHIVAYOGI DODDAMANI AND ORS

JUDGEMENT

(1.) Though, the appeal is listed for hearing on an interlocutory application, by consent, the appeal is heard on merits.

(2.) The appel lant herein was defendant No.4 in O.S. No.261/2006 on the file of Principal Senior Civi l Judge and CJM, Dharwad. Respondent No.1 herein instituted the suit for partition and separate possession of his 1/3rd share by metes and bounds by declaring the sale deed executed by defendant No.1 in favour of defendant Nos.3 and 4 on 13.08.2004 as null and void and does not bind his share.

(3.) According to plaint averments, defendant No.1 is the father of plaintiff and defendant No.2. They constituted a Hindu undivided family and coparcenors, and that the suit schedule properties are the ancestral properties of plaintiff and defendants 1 and 2, and that the suit properties had fallen to the share of defendant No.1 in a partition drawn amongst the 1st defendant and his brothers. After partition, 1st defendant, along with plaintiff and 2nd defendant, were enjoying the suit schedule properties as joint family properties. The 1s t defendant was managing the suit schedule properties as Kartha of the joint family.