GEETHA Vs. DODDAIAH

JUDGEMENT

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

(2.) This appeal is filed challenging the judgment and decree dtd. 14/7/2020 passed in R.A.No.55/2019 on the file of the I Additional District and Sessions Judge, Ramanagara.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the suit schedule property is the ancestral and joint family property of themselves and defendant Nos.1 to 3 and also contend that the sale deed executed by defendant No.1 and Beeraiah in favour of defendant No.4 in respect of the suit schedule property is null and void and not binding on them. In pursuance of the suit summons, the defendant No.4 appeared and filed written statement contending that the sale made by defendant No.1 and Beeraiah in favour of him are to redeem the mortgage made earlier for the family legal necessities and also he contend that he is a bonafide purchaser of the suit property and the defendants have also taken the contention that the suit is bad for non- joinder of necessary parties. In order to prove the case of the plaintiffs, first plaintiff has been examined as PW1 and witnesses as PW2 and PW3 and got marked the documents at Ex.P1 to P3. On the other hand, the GPA holder of the defendant No.4 has been examined as DW1 and during the penddency of the proceedings defendant No.4 passed away hence, the evidence of defendant No.1 who is her GPA holder is expunged vide order dtd. 9/1/2018 and later, the legal representatives of defendant No.4 were brought on record including DW1 and one of his legal representativegot examined as DW2 and got marked the documents at Ex.D1 to D7.