GOVINDAPPA Vs. ANJINAPPA

JUDGEMENT

(1.) Sri. Ananda defendant No. 4 of an original suit bearing O.S. No. 17/2006 is before this Court by filing an appeal under Section 100 of CPC in RSA No. 5174/2011. Sri. Govindappa defendant No. 2 in the said suit bearing O.S. No. 17/2006 has filed an appeal in RSA No. 5239/2011 and Smt. Sudheelamma defendant No. 5 in the said suit has filed an appeal in RSA No. 5240/2011. As all these appeals have arisen out of a common judgment and decree passed in O.S. No. 17/2006, they are taken up together for discussion. Respondent No. 1-Anjinappa in these appeals is the plaintiff in the said suit. Respondent No. 2 Krishnappa is the defendant No. 1 in the said suit. Smt. Hemalatha respondent No. 4 in these appeals is defendant No. 3 in the said suit. Parties will be referred to as plaintiff and defendant Nos. 1 to 5 as per their ranking given in the trial Court.

(2.) Suit filed by the plaintiff Sri. Anjinappa for the relief of partition and separate possession has been decreed as prayed for on 01.12.2008 granting. 1/5th share in all the schedule properties. Hence, these appellants and Sri. Krishnappa had filed separate appeals under Section 96 of CPC in R.A. Nos. 23, 24, 25 and 50 of 2009 before the District Court at Bellary and those appeals have been withdrawn and transferred to the Fast Track Court-III, Hospet and they have been disposed of by a common judgment confirming the grant of 1/5th share to the plaintiff. But defendants have also been granted 1/5th share each and to this extent, decree passed by the trial Court has been modified vide judgment dated 15.12.2010.

(3.) Facts leading to the filing of the suit in O.S. No. 17/2006 are as follows: