ALLAVVA Vs. GANGAPPA

JUDGEMENT

(1.) This appeal is preferred by defendant Nos.1 to 8 in O.S.No.102/2009 on the file of Principal Senior Civil Judge, Jamkhandi. The suit was for partition of schedule A and B properties mentioned in the Plaint.

(2.) We have heard Sri Shivaraj P.Mudhol learned counsel for the appellants and Sri B.S.Sangati learned counsel for respondent Nos.1, 2(a) to 2(d), 3 to 6, 9, 10, 11(a), 12, 13, 23(a) and 23(b).

(3.) We find it not necessary to cull out the plaint averments because the appellants did not participate in the suit inspite of service of summons on them. Though the appellants have taken several grounds in support of their appeal, we are not inclined to accept any one of them to set aside the impugned judgment. However having found that the appellants did not participate in the suit we are inclined to remand the case to trial Court to enable the appellants to contest the suit.