T CHANDAPPA Vs. PUTTAMMA

JUDGEMENT

(1.) THESE two appeals are filed by the appellants, who were defendants 1 and 3 respectively before the court below, challenging the legality and correctness of the judgment and decree dated 23 -9 -2008 passed in OS No 25 of 2001, on the file of Civil Judge (Sr Dn) & Principal JMFC, Tarikere, wherein, the trial court has decreed the suit, holding that the plaintiffs are entitled for their half share in item Nos 1, 3 and 4 of plaint 'A' schedule property and item No 2 of plaint 'B' schedule property. However, the claim of the plaintiffs in regard to other items of suit schedule properties is denied.

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

(3.) ACCORDING to the plaint averments, deceased Kallathappa and the first defendant Chandappa are sons of one Thimmaiah. First plaintiff Puttamma is the widow of Kallathappa. Second plaintiff Prameela is adopted daughter of Kallathappa and Puttamma. Second defendant is none other than the former husband of second plaintiff Prameela, adopted daughter of first plaintiff and late Kallathappa. Kallathappa died in the year 1999, leaving behind him the plaintiffs 1 and 2 as the sole legal heirs.