BAYAPPAGALA YERRISWAMY Vs. B. GANGAMMA

JUDGEMENT

(1.) The defendants in O.S.No.17/2010 on the file of the Senior Civil Judge, Kudligi are before this Court under Sec. 96 of CPC challenging the judgment and decree for partition and separate possession granted in favour of the plaintiffs who admittedly are the sisters of the defendants.

(2.) Propositus Byyappagala Kadappa S/o Yelavappa @ Marappa died 30 years prior to filing of the suit which was filed in the year 2010. Plaintiffs claim to be Class-I heirs and entitled to equal share in the suit schedule properties along with the defendants. The defendants remained exparte before the trial Court and suit is decreed in respect of ten properties described in the schedule.

(3.) Learned counsel for the appellants, Sri.Suresh P Hudedagaddi submits that the decree passed before the trial Court is an exparte decree where an opportunity is not given to the defendants to contest the matter.