HANAMANTH SHINGADEPPA GADDED Vs. RUDRAPPA KRISHNAPPA GADDED

JUDGEMENT

(1.) The present appeal is filed under Section 100 of CPC challenging the concurrent findings of the trial Court bearing O.S.324/2004 pending on the file of Addl. Civil Judge, (Sr.Dn.) Jamkhandi, sitting at Mudhol and confirmation of the same by the District and Sessions Judge, Fast Track Court, Jamkhandi in R.A.145/2008.

(2.) The said suit had been filed for relief of partition and separate possession in respect of land measuring 14.27 acres in Survey No.126. The appellants herein were plaintiffs and respondents were defendants in the suit.

(3.) According to the plaintiffs, one Huliya was the propositus and he had two sons namely Krishnappa and Singadeppa. Krishnappa had one son namely Rudrappa, who is defendant No.1 and Singadeppa had five sons, who are plaintiffs and defendant Nos.2 to 4. The land in Sy.No.126 of Lokapur Village originally measuring 14.27 acres was an ancestral property of the family of the plaintiffs and defendants. After the death of propositus Huliya, the mutation was effected in the name of his son Krishnappa. After the death of Krishnappa, mutation was done in the name of defendant No.1-Rudrappa and Rudrappa was minor when his father died. Hence, his Uncle Singadeppa was the guardian of defendant No.1 and also sharer in the suit property.