CHANNAVEERAPPA Vs. NAGAMMA

JUDGEMENT

(1.) This is an appeal filed by the defendants under Sec. 100 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as 'CPC') challenging the judgment and decree passed in R.A.No.40/2001 on the file of the learned Additional Civil Judge (Sr.Dn.) Ranebennur.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The plaintiffs have filed a suit seeking declaration that they are the owners of suit schedule (1) property and consequential relief of injunction and alternatively sought for partition and separate possession of the suit schedule properties. It is the specific contention of the plaintiffs that plaintiff No.1 is the legally wedded wife of Basanagouda Patil having married him about 18 years earlier on 27/3/1976 and out of the said wedlock, plaintiff Nos.2 and 3 are born. It is further asserted that the suit schedule properties were ancestral properties of Basanagouda Patil and in the partition between Basanagouda Patil and defendant No.1, the suit schedule item No.1 property has fallen to the share of Basanagouda. It is also asserted that Basanagouda was enjoying the suit schedule properties exclusively and his where about is not known since 10 to 15 years and as such the plaintiffs got mutated their names in the suit schedule properties. They further asserted that defendants are interfering in their peaceful possession and the enjoyment of the suit schedule properties and as such they have filed the suit.