K.H. CHANNABASAPPA Vs. K.H. MAHESHWARAPPA

JUDGEMENT

(1.) Present appeal is directed against the judgment and decree dtd. 7/4/2006 passed in OS No.122/2004 on the file of the Civil Judge (Sr. Dn.), Harihar, whereby the suit of the plaintiff is decreed as prayed for.

(2.) The parties are referred to as plaintiff and defendants for the sake of convenience as per their original rankings before the Trial Court.

(3.) Brief factual matrix of the case are as under: Plaintiff filed a suit seeking cancellation of the portion of the decree passed in OS No.28/2003 dtd. 23/10/2003, in respect of 'C' schedule property and as well as cancellation of the portion of the partition deed dtd. 15/12/2003 executed by late K.H. Parameshwarappa and defendants relating to the suit land of the plaintiff shown as 'A' schedule in the said partition deed which has been allotted to Parameshwarappa son of Channabasappa. Case of the plaintiff further reveals that plaintiff is the owner of the agricultural land bearing Survey No.493/B measuring 4 acres 83 cents situated at Hiremeghala gere village, Arasikere Hobli, Harappanahalli Sub-Division, Davangere District bounded on East - land belonging to B.Siddappa; West - land belonging to Gurappala Halamma; North - land belonging to Hadapada Sharanappa and South - land belonging to Hanumanthappa [hereinafter referred to as the 'suit schedule property'] .