NARASIMHAPPA Vs. ASHWATHAPPA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent.

(2.) This appeal is filed challenging the judgment and decree dtd. 4/9/2017 passed in R.A.No.32/2015 on the file of the Senior Civil Judge and JMFC., at Gowribidanur.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendants had filed a suit in O.S.No.201/2004. In the said suit, the decree was obtained fraudulently declaring that the defendant is the absolute owner. It is contended that one Kunti Narasimhappa had three sons viz., Peddanarasimhappa, Kadirappa and Narasappa. The first son of Kunti Narasimhappa and his wife Smt. Lakshmamma died issueless, the second son Kadirappa got one son namely Narasimhappa, who is the first defendant herein and the third son Narasappa got one son namely Aswathappa @ Aswathnarayanappa, who is the plaintiff herein.