H RAMAKRISHNAPPA, Vs. HANUMANTHAPPA,

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and decree, dated 20.12.2008 passed by the Court of the XII Additional City Civil Judge, Bangalore in O.S.No.100/1999. R.F.A.No.72/2009 is filed by the plaintiff and R.F.A.No.157/2009 is filed by the defendant No.4.

(2.) TO avoid the confusion, the parties are referred to as per their ranks in the suit proceedings.

(3.) THE facts of the case in brief are that Doddahanumaiah is the propositus of the family. He had four sons, namely, Hanumanthappa, H.Bylappa, Ramakrishnappa and Munirajaiah and three daughters, namely, Channamma, Lakshmamma and Seshamma. Doddahanumaiah died in 1988 and his wife Hanumakka died in 1990. Ramakrishnappa filed the suit against his three brothers seeking his 1/4 share in the suit schedule properties (six items). The plaintiff states that the defendant No.2, the kartha of the Joint Hindu Family, has played fraud on the plaintiff by misusing the general power of attorney executed by the plaintiff. During the pendency of the suit, the first defendant Hanumanthappa died and his legal representatives were brought on record. The defendant No.2 filed the written statement contending that there was an oral partition in the family during the lifetime of their late father Doddahanumaiah in the year 1982. All the parties are in possession of the demarcated areas as per the said oral partition.