KASTURIBAI Vs. KANTABAI

JUDGEMENT

(1.) The appellants, who are defendants 1 to 6 before the trial court, have preferred this appeal, being aggrieved by the judgment and decree dtd. 30/4/2015, passed in OS No. 68/2013 on the file of the II Additional Senior Civil Judge, Kalaburagi.

(2.) Parties herein are referred to as per their status and rank before the trial Court.

(3.) The plaintiffs filed a suit seeking partition and separate possession of the suit properties with metes and bounds. The suit summons were not served on defendants 1 to 6, and hence notice to them was issued through substituted service by means of paper publication. In spite of this, they did not appear and remained absent, and accordingly, they were placed ex-parte. Despite the notice being served, defendant No. 7 also did not appear and was placed ex-parte. Thereafter, the matter was posted for the plaintiff's evidence. Plaintiff No. 3 was examined as PW.1 and 13 documents were marked as Exhibits PW1 to PW13. Accordingly, the trial Court decreed the suit. Being aggrieved by the said judgment, defendants 1 to 6 are before this Court.