SUBBAYYAJOGA NAIK Vs. NARAYANAI

JUDGEMENT

(1.) THIS second appeal is filed by the 6th Defendant in O. S. No. 45/98 on the file of civil Judge (Jr. Dn), Bhatkal, being aggrieved by the Judgment and Decree dated 15-9-2003 in R. A. No. 428/2001 reversing the Judgment and Decree dated 25-9-2001 passed by the trial Court in dismissing the suit.

(2.) THE first respondent herein was the plaintiff in the suit. The appellant was the 6th defendant and other respondents herein were the defendants. For the sake of convenience, the rank of the parties is referred to as in the original suit.

(3.) THE Plaintiff filed the suit for declaration that the entries in the R. T. C. in respect of "a" Schedule properties showing the names of the plaintiff and defendants on the basis of alleged partition, are wrong, illegal and they are liable to be deleted and that the names of plaintiff and defendants 2 to 6 have to be substituted as legal representatives of deceased Joga Hanuma Naik, who died intestate. A further relief for partition by metes and bounds of the said properties into six equal shares and to deliver one such share with five mudi rice per year from the date of suit till delivery of possession was bought for in the original suit. The defendants filed Written statement denying the plaint averments. It is claimed that Joga hanuma Naik executed a Will on 6-5-1985 bequeathing the properties in favour of the 6th defendant, On the basis of the pleadings, the trial Court framed issues and went for trial. Parties adduced evidence and produced documents in support of their respective case. Upon consideration of the material brought on record, the trial Court dismissed the suit holding that plaintiff is not entitled for l/6th share. In the appeal preferred , the said judgment and decree of the trial Court are reversed by the first Appellate Court and decreed the suit. Aggrieved by the same, the 6th defendant has filed the present second appeal.