GURUSIDDAYYA Vs. BASAYYA MUPPAYYA HIREMATH

JUDGEMENT

(1.) The propositus Muppayya died in the year 2002. He had a wife by name Patrewwa, 5 sons and 5 daughters. The suit for partition in O.S.No.3/2010, on the file of the Senior Civil Judge, Bailhongal, is filed by the son and two daughters and wife of late Muppayya. The suit is filed against the surviving daughters and sons of Muppayya and also against the successors of the deceased sons of Muppayya. Madiwalayya and Mahantesh, the sons of Muppayya had died prior to the suit.

(2.) The suit was contested by the 1st defendant. The 1st defendant took a contention that the suit properties are the self acquired properties. The trial Court rejected the contention of the 1st defendant and granted decree for partition in respect of the suit schedule properties, except item No.1 to 3 of suit 'D' schedule property. The trial Court has granted 1/121 share to each of the plaintiffs No.1 to 3 and defendant No.7 and 13/121 share to plaintiff No.4.

(3.) Aggrieved by the aforementioned judgment and decree, the 1st and 3rd defendants are in appeal.