LAXMAWWA Vs. GULAPPA

JUDGEMENT

(1.) This RFA Crob is filed by the cross objectors challenging the judgment and decree dtd. 6/10/2017 passed in O.S.No.94/2010 by the I Additional Senior Civil Judge, Gokak insofar as dismissing the suit in respect of property bearing R.S.No.32/3B.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court.

(3.) Cross objectors are plaintiffs and respondents are the defendants. Plaintiffs filed a suit for partition and separate possession in respect of property bearing R.S.No.32/3A and 32/3B of Kalliguddi village and properties bearing R.S.No.45/1E and 45/1F situated at Raderatti village. It is the case of the plaintiffs that defendant No.2 was the father of plaintiffs, defendant No.1 and husband of defendant No.3. It is the case of the plaintiffs that defendant No.1 in collusion with revenue authorities and taking undue advantage of old age of defendant Nos.2 and 3 behind the back got created documents and mutated his name in the revenue records. Plaintiffs are in joint possession of the suit properties. Plaintiffs being the members of Hindu undivided family and the suit schedule properties are the ancestral properties of the plaintiffs and defendants. Plaintiffs requested the defendants to effect partition but the defendants refused to effect partition. Hence, cause of action arose for the plaintiffs to file the suit for partition and separate possession.