GADIGEPPAGOUDA Vs. VIJALAXMI

JUDGEMENT

(1.) This appeal is arising from an order refusing temporary injunction sought by the plaintiff in a suit for partition, in O.S.No.120/2023 on the file of the Senior Civil Judge, Hubballi.

(2.) There are three suit schedule properties, namely property bearing R.S.No.129/2/2 measuring 3 acres 18 guntas, R.S.No.135/2 measuring 3 acres 11 guntas and R.S.No.114/4 measuring 1 acre 06 guntas, in Agrahar Timmsagar, Taluk Hubballi. The plaintiff claims to be the absolute owner of the said properties, after the demise of his brother Ramanagouda.

(3.) Admittedly, Ramanagouda and the plaintiff Gadigeppagouda are the two children of Basanagouda Patil. It is the case of the plaintiff that, his brother Ramanagouda died issueless and his wife Girijavva died earlier to him. Thus, plaintiff Gadigeppagouda claims that to be the Class-II heir of deceased Ramanagouda.