KEMPEEREGOWDA Vs. JAYAMMA

JUDGEMENT

(1.) APPELLANTS , who have suffered a decree of partition and separate possession in a suit filed by the respondents in OS No 296 of 2008, on the file of I Additional Senior Civil Judge, Mysore, in terms of judgment and decree dated 29 -6 -2013, have preferred this appeal.

(2.) FOR the sake of convenience, the parties would be referred to as per their status in the trial court.

(3.) ACCORDING to plaint averments, one Karagaeerasettygowda and Basamma had two sons by names Kempeeregowda ad B T Veeregowda. Kempeeregowda was the father of second plaintiff Chikkeeramma and father -in -law of first plaintiff Jayamma. Jayamma's husband Channaveeregowda was the only son of Karagaeerasettygowda and Basamma. After the marriage of first plaintiff with Channaveeregowda, the whereabouts of Channaveeregowda are not known to them. Therefore, the plaintiffs contend that Channaveeregowda husband of first plaintiff is deemed to be dead under the law.