PARAGOUDA Vs. YALLAPPA

JUDGEMENT

(1.) Present appeal is filed by defendant No.6 aggrieved by the judgment and order dtd. 19/7/2012 passed in R.A.No.245/2008 on the file of the Senior Civil Judge and JMFC, Raibag (hereinafter referred to as the 'First Appellate Court') in and by which the First Appellate Court by allowing the said appeal set aside the judgment and decree dtd. 14/2/2001 passed in O.S.No.110/1997 on the file of the learned Additional Civil Judge, Jr.Dn., Raibag (hereinafter referred to as the 'Trial Court') and decreed the said suit allotting 1/2 share and separate possession in the suit schedule property in favour of the plaintiff.

(2.) The aforesaid suit in O.S.No.110/1997 was filed by the plaintiffs/respondents No.1 and 2 seeking relief of partition and separate possession in respect of the suit properties namely lands bearing Sy.No.69/1A/1, 69/1B, 70/3 and 50/3 (suit properties) all situated within the village limits of Mekhali village Raibag taluk, on the premise the suit properties were the joint family properties of the plaintiffs and the defendants. That the plaintiffs and the defendants have been enjoying the properties and that there was no actual partition and the defendants No.2 and 5 taking undue advantage of the name of the defendant No.1 appearing in the records of rights are denying the right of title of the plaintiffs. Thus, the plaintiffs entitled for 1/2 share in the property.

(3.) Defendant No.1 had filed written statement contending inter alia that the suit of the plaintiffs was not maintainable as the plaintiffs had not joined necessary parties; that there was a partition of the property between the plaintiff and the defendants long back and the revenue records were accordingly mutated; Suit properties were no longer joint family properties and there was no cause of action to file the suit; that the plaintiffs had sold their lands without the consent of the defendants and the suit was filed only to harass the defendants.