N. UMESHA Vs. BHAGYAMMA

JUDGEMENT

(1.) This second appeal is filed against the concurrent finding of dismissal of suit filed in O.S.No.4/2009 dtd. 12/9/2014 and an appeal filed in R.A.No.82/2014 dtd. 12/10/2017.

(2.) Heard the learned counsel appearing for the respective parties. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of case of plaintiff before the Trial Court while seeking the relief of declaration, partition and possession, it is contended that late Nagappa is the father of the defendant Nos.1 to 3. The defendant No.4 is the father of the plaintiff. Defendant Nos.1 to 3 have filed suit in O.S.No.91/2006 for partition and separate possession of their shares. The defendant No.4 who is the father of the plaintiff never took interest in managing the family properties and he always yielded to the words of defendant Nos.1 to 3 and addicted to all sort of bad habits. By taking advantage of weakness of defendant No.4, defendant Nos.1 to 3 managed to settle the suit by referring the matter to lok-adalath. The matter was compromised on 16/6/2007 and preliminary decree was passed on 29/6/2007 and final decree was drawn on stamp paper on 9/6/2008.