D. JAGADESHA Vs. A.L. RAMACHANDRA

JUDGEMENT

(1.) THIS appeal filed by the defendants 1 to 3 under Section 96 of CPC is directed against the judgment and decree passed on 03.11.2010 in O.S.No.91/2004 pending on the file of the II Addl. Senior Civil Judge at Shimoga. Suit filed by the plaintiffs -respondents herein for partition and separate possession has been decreed as prayed for. Several grounds have been urged in the appeal memo. Parties will be referred to as plaintiffs 1 to 14 and defendants 1 to 3 as per their ranking in the Trial Court.

(2.) FACTS leading to the filing of the suit for partition and separate possession of two items of immovable properties and machines as described in schedule 'C' of the plaint are as follows:

(3.) DEFENDANTS have filed written statement denying the very relationship. They have called upon the plaintiffs to strictly prove the contents of the plaint and genealogical tree furnished by them. It is clearly averred that Loganatha Mudaliar had only one son and that plaintiffs are not the legal heirs of deceased Loganatha. According to them, all the plaintiffs except 1st plaintiff are the sons and daughters of A.N.Narayana Swamy Mudaliar and 1st plaintiff had claimed himself to be the adopted son of Narayana Swamy Mudaliar.