BASAWWA Vs. MUDAKAPPA

JUDGEMENT

(1.) This appeal is preferred by the plaintiffs in O.S. No.12/2011 on the file of the Senior Civil Judge at Yelburga (for short, hereinafter referred to as the 'Trial Court'), challenging the judgment and decree dtd. 8/1/2013 passed by the Trial Court dismissing the aforesaid suit of the plaintiffs.

(2.) For the sake of convenience, the parties in this appeal are referred to as per their status and rankings before the Trial Court.

(3.) The plaintiffs have filed suit seeking relief of partition and separate possession in respect of the schedule properties inter alia sought for a declaration that defendant No.2 is not the legally wedded wife of defendant No.1. It is the case of the plaintiffs that plaintiff No.1 is the legally wedded wife of defendant No.1 and in their wedlock, plaintiffs No.2 and 3 were born. Therefore, it is the contention of the plaintiffs that, the plaintiffs are entitled for a share in the suit schedule properties. Hence, the plaintiffs filed O.S. No.12/2011 on the file of the Trial Court for the relief as prayed in the plaint.