IRAPPA Vs. GOURAVVA

JUDGEMENT

(1.) Defendants 3 and 4 of an original suit bearing O.S.No.39/2003, which was pending on the f ile of the Court of Principal Civil Judge (Jr.Dn.) , Bai lhongal, Belgaum District are before this Court by f il ing an appeal under Section 100 of CPC. Respondents 1 and 2 herein are the plainti ffs in the said suit. Respondent No.3 is defendant No.2 in the said suit. Since suit against defendant No.1, Chief Manager Pension Dept. , State Bank of Mysore, Head Of f ice at Bangalore, had been dismissed in the trial Court, no appeal has been fi led against it. Parties wi ll be referred to as plainti ffs and defendants as per their ranking given in the trial Court.

(2.) First plainti f f Gouravva is the mother of second plainti f f Panchappa. The case of the plaintif fs, as put forth before the trial Court is that, Gouravva had married one person by name Irappa Chanabasappa Uppin. The said Irappa Uppin was working in Indian Army. He suf fered severe injuries and therefore, he was discharged from mi litary service on medical grounds in the year 1963. After returning to Bailhongal , his native place, he was employed as security Gunman in State Bank of Mysore, Ramdurg branch and he continued to be a watchman ti ll his death. It is averred that, deceased Irappa Uppin married the first plainti ff about 36-37 years ago prior to the f il ing of the suit and their marriage was performed at Bailhongal in front of the house of the deceased. After her marriage, 1st plainti f f started l iving with deceased Irappa Uppin. It is their case that, 1st plainti f f and Irappa resided for about six months at Bailhongal and deceased was travel ling from Ramdurg to Bai lhongal every week. Later on, he rented a house at Ramdurg and took plainti ff No.1 to Ramdurg and there second plainti ff was born.

(3.) According to the plaintif fs, the deceased was under the complete influence of his younger brothers Basappa and Mallappa and Mal lappa s wi fe. After the birth of plaintif f No.2, plainti ff No.1 came to Bai lhongal and l ived for about six months. Some disputes arose between Basappa s wi fe and plainti ff No.1 and Basappa s wife raised hue and cry. Then deceased Irappa took the plainti f fs to Munaval li and they stayed there for six months and later on Irappa took a house in Pyati Khoot of Ramdurg and took both the plainti ffs to Ramdurg. Because of adverse climate, both the plainti f fs returned to Munaval li and plainti ff No.1 insisted the deceased to take both of them either to Bailhongal or Ramdurg. According to 1st plainti f f, deceased decl ined their of fer stating that, i f they were taken to Ramdurg, health of the chi ld would be affected and i f they were taken to Bai lhongal , harmony in the fami ly would be af fected.