JAVALI KALMATEPPA Vs. A. MANOHAR

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 by the plaintiff challenging the judgment and decree passed in O.S.No.13/2010 by the learned Additional Senior Civil Judge & J.M.F.C., Hospet, and confirmed by the learned Fast Track Court-III, Hospet, in R.A.No.23/2012.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that, one Mahanthappa Javali of Hospet was the propositus of the family. The plaintiff, defendant No.2, Ashok, Channabasappa and Rajashekhar are the sons and Vijayalaxmi, Akkamahadevi, Shankramma and Premaganga are the daughters of Mahantappa and Shambullingamma. That the mother died in the year 1998 leaving behind her sons and daughters as her successors. The suit schedule properties were under the ownership of propositus Mahanthappa and he was in possession and enjoyment during his life-time and his name was mutated. After his death in 1986, the plaintiff, defendant No.2 and his other brothers as well as the daughters succeeded to the suit properties as Class-l heirs. It is alleged that defendant No.2, Ashok and Channabasappa filed a suit in O.S.No. 126/2001 in the Civil Judge's Court (Sr.Dn), Gadag for partition and separate possession of their share in the suit schedule properties and the said suit came to be dismissed and RFA No.417/2008 is pending. In spite of filing of the suit for partition, defendant no.2 made an attempt to alienate the suit properties along with defendant nos.3 and 4 and hence, plaintiff objected for the same. Defendant No.2 along with defendant No.3 and 4 have sold the suit properties in favour of defendant No.1 for a consideration of Rs.9,25,000.00 under a registered sale deed dtd. 2/2/2010 which is illegal and invalid. The plaintiff has got preferential right to purchase these properties and hence, the suit.