CHANDRAPPA Vs. MARUTI

JUDGEMENT

(1.) THE unsuccessful defendant Nos.1 to 3 in O.S.No.43/1994 and appellant Nos.1 to 3 in R.A.No.26/2010 are before this Court. The admitted relationship between the parties is as per the following genealogical tree: <FRM>JUDGEMENT_367_LAWS(KAR)9_20141.htm</FRM>

(2.) THE defendants while not disputing relationship between the parties, resisted the suit inter -alia contending that:

(3.) THE trial court on appreciation of evidence adduced by the parties has held that suit schedule properties are joint family ancestral properties. The plaintiffs who represent the branch of deceased Nagappa are entitled to 1/3rd share in all suit schedule properties. The trial court rejected the contention of defendants 4 to 8 that Schedule A item No.5 is their self acquired property. The trial court has held that the suit is not barred by time. The defendants were before the I -Appellate Court in R.A.No.26/2011. The learned Judge of the I -Appellate Court on re -appreciation of evidence, dismissed the appeal and confirmed the decree passed by the trial court. Therefore, defendants 1 to 3 have filed this regular second appeal raising the following substantial questions of law: