SHIDDALINGAPPA Vs. CHANNAVVA

JUDGEMENT

(1.) Defendant Nos.1 to 3 have preferred this appeal being aggrieved by the impugned judgment and decree dtd. 3/4/2007 passed in O.S.No.143/2003 on the file of learned II Additional Civil Judge (Sr.Dn.), Hubballi, (herein after referred to as "the Trial Court" for short) decreeing the suit of the plaintiffs in part and declaring that the plaintiffs are entitled for 4/5th share jointly in Sy.No.137/1 situated in Sultanpur village 4/6th share jointly in Sy.No.380/3+2B while rejecting the claim of the plaintiffs over schedule-B properties.

(2.) Parties are referred to as per their ranks before the Trial Court for the sake of convenience.

(3.) Brief facts of the case are that, plaintiff No.1 being the wife of defendant No.1 and plaintiff No.2 to 4 being their children have filed the suit seeking partition and separate possession of Schedule-A & B properties. It is contended by the plaintiffs that the Schedule-A and B properties are the family properties in which they are entitled for equal share. It is stated that defendant No.2 is the son of defendant No.1 and plaintiff No.1. Defendant No.3 is the son of defendant No.2.