PUNDALIK Vs. RANGAPPA VENKAPPA BIRADAR PATIL

JUDGEMENT

(1.) THE present appeal is filed u/S 100 CPC by the plaintiff of O.S. No. 257/1989 which was pending on the file of the Addl. Munsiff at Mudhol. Plaintiff is aggrieved by the findings of the first appellate Court which is divergent to the judgment of the trial Court.

(2.) THE appellant was the plaintiff in the said suit. Respondents were the defendants in the said suit. Original suit had been filed before the Court of Civil Judge at Jamakhandi and later on it was transferred to the Court of Civil Judge at Mudhol after its establishment. Hence O.S. No. 304/1987 filed in Jamakhandi got renumbered as O.S. No. 257/1989. Parties would be referred to as the plaintiff and defendants as per their ranking in the trial Court. Suit filed for the reliefs of partition and separate possession in respect of 2 items of schedule properties bearing sy nos. 120 and 154/3 of Chikkoor village, Mudhol Taluk, came to be decreed after contest. Against the said judgment and decree passed on 22.12.1994 in O.S. No. 257/1989 an appeal came to be filed before the Court of Civil Judge at Jamakhandi in R.A. No.6/95 u/S 96 CPC. Appeal is allowed and the judgment and decree passed in O.S. No. 257/1989 dated 22.12.1994 is set aside and consequently suit is dismissed. Consequent upon dismissal of the suit in R.A. No.6/95 dated 16.02.2004 present appeal is filed.

(3.) IN the plaint, genealogy of the family of plaintiff and defendant is shown. One Govindappa was propositus. According to the said genealogy in para no.3 of the plaint Govindappa had two sons by name Venkappa and Bheemappa. Both of them are no more. Defendant no.2 Tayavva is the wife of late Venkappa and defendant no.1 Rangappa and plaintiff are the two sons of Venkappa and Tayavva. Defendant no.3 Venkavva is the daughter of Venkappa and Tayavva. Govindappa's second son Bheemappa who is no more has 3 sons namely defendant no.4 -Venkappa, Raghappa and Gowdappa. According to the plaintiff, his father Venkappa died after 1956, i.e., about 25 years prior to the filing of the suit. Venkappa's brother Bheemappa is also no more. Venkappa is the first son of Bheemappa. According to the plaintiff one acre of land in Sy. No. 154/3 of Chikur village was allotted to the branch of plaintiff and defendant nos.1 to 3. According to him, defendant no.4 has no interest or title over this property measuring 1 acre in sy. No. 154/3. It is his case that 4.27 acres in sy. No. 120, both the plaintiff and his family members and defendant no.4 together have got half share each and they are stated to be in joint possession. Defendant no. 1 Rangappa is stated to be managing these properties as the Manager. Hence his name is found in all the revenue records.