VIJAY AND GURURAJ Vs. PARTHA, SMT. VASANTI

JUDGEMENT

(1.) PLAINTIFFS are before this Court by filing an appeal under Section 100 of CPC, as they are aggrieved by the quantum share allotted to them by the trial Court and affirmed in the first appeal. Plaintiffs have been granted only 1/5th share in respect of property bearing GPC No. 148A situated in Galagali village of Bilagi Taluk. Against the said judgment and decree, plaintiffs had filed separate appeal in R.A. No. 62/2007, before the Court of District Court at Bagalkot and the same was transferred to FTC -II, Bagalkot. Defendant Nos. 3 and 4 namely, Smt. Vasanti and Smt. Shree had filed separate appeal in R.A. No. 47/2008 on the ground that the share granted in their favour by the trial Court was lesser. Both these appeals have been clubbed and have been disposed of by a common judgment dated 25.03.2009. These appeals have been dismissed confirming the judgment of the trial Court, under which plaintiffs and defendant Nos. 3 and 4 have been allotted 1/5th share each. These concurrent judgments which are called in question on various grounds as set out in the appeal memo. Appellant in R.A. No. 62/2007 are the plaintiffs in the said suit and respondent No. 1 herein is the defendant No. 2 in the said suit. Defendant No. 1 -Ramachandra died and his legal representatives are already on record. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(2.) THE facts leading to the filing of the suit in O.S. No. 24/2005 before the Court of Senior Civil Judge, Biligi is as follows:

(3.) PLAINTIFF No. 1 is examined as P.W. 1 and seven exhibits have been got marked. Defendant No. 2 is examined as D.W. 1 and defendant No. 3 is examined as D.W. 2. 31 exhibits have been got marked on their behalf. Ultimately suit is decreed in part granting 1/5th share each to the plaintiffs and 1/5th share to defendant Nos. 3 and 4 vide considered judgment dated 03.08.2007. This judgment was called in question in regular appeal filed under Section 96 of CPC in R.A. No. 47/2008 filed by defendant Nos. 3 and 4 and R.A. No. 62/2007 by the plaintiffs. Both these appeals have been clubbed and have been disposed of vide considered judgment dated 25.03.2009. The judgment of the trial Court has been upheld. The concurrent findings are called in question.