SAGAR Vs. MANJULA

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment and preliminary decree dtd. 31/1/2015 passed in O.S. No.7/2008 by the learned Senior Civil Judge and JMFC, Raibag.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

(3.) The appellant is defendant No.1. Respondent Nos.1 to 3 are the plaintiffs. Respondent Nos.4 to 18 are the defendants. The plaintiffs filed a suit for partition and separate possession in respect of lands bearing R.S. No.112/5 measuring 4 acres, Sy.No. 146/3 measuring 4 acres 7 guntas and R.S. No.147/3 measuring 5 acres 6 guntas and all situate at Mantoor village, Raibag taluk are the suit properties. It is the case of the plaintiffs that the original propositus was one Sri. Parasappa. He has two sons namely Kallappa and Yallappa and two daughters Yallawwa and Tangewwa. Kallappa died issueless. Yallappa died leaving behind the plaintiffs and defendant Nos.1 to 10. Yallawwa is defendant No.11/daughter of original propositus. Tangewwa died leaving behind defendant Nos.12 to 16. It is contended that the suit schedule properties are standing in the name of the original propositus Parasapa. After his demise, his two sons namely Kallappa and Yallappa got their names entered in the record of rights over the suit schedule properties. The suit schedule properties are the ancestral properties of the plaintiffs and the defendants. The plaintiffs and the defendants are cultivating the suit properties jointly. On 13/11/2006 defendant Nos.1 to 3 created an alleged illegal Will in the name of defendant No.1 just to dupe the valuable shares of the plaintiffs over the suit properties. The plaintiffs demanded for partition and separate possession but the defendants refused to effect a partition. Hence, cause of action arose to the plaintiffs to file a suit for partition and separate possession.