PARASAPPA Vs. ULAVAPPA

JUDGEMENT

(1.) Defendant Nos.1 and 14 in O.S.No.91/2012 on the file of the learned III Additional Senior Civil Judge, Hubballi (henceforth referred to as 'the trial Court' for brevity), are impugning the judgment and decree dtd. 18/3/2016, decreeing the suit of the plaintiff for partition and separate possession of his share in the suit properties by metes and bounds.

(2.) Brief facts of the case are that, the plaintiff filed the suit O.S.No.91/2012 against defendant Nos.1 to 14, seeking declaration that the Apsat Watni dtd. 27/5/2004 is illegal and not binding on the plaintiff and for partition and separate possession of his half share in the suit properties and for costs. The suit properties are described as the agricultural lands bearing; (a) R.S. No.301/2003, measuring 5.29 acres, situated at Ganjigatti, Kalghatgi taluk, (b) R.S.No.75/sA/s, measuring 1.3 acres, situated at Bagadageri village, Kalghatgi taluk, (c) R.S.No.76/4B, measuring 0.15 acres, situated at Bagadageri Village, Kalghatgi taluk and (d) R.S.No.401/1, measuring 0.31 acres, situated at Bagadageri Village, Kalghatgi taluk. The house properties bearing No.49 and 115/2, both situated within the limits of Ganjigatti Grama Panchayath.

(3.) It is contended by the plaintiff that Basappa Galabi is the father of plaintiff and defendant No.1. The said Basappa Galabi had two daughters. Defendant Nos.2 to 13 are the legal representatives of the brother of Basappa Galabi. They have partitioned the ancestral property and the suit properties were fallen to the share of Basappa. Therefore, defendant Nos.2 to 13 are not having any share in the suit property. In spite of that, their names continued to appear in the record of rights and therefore, they are arrayed as defendants.