UTTAM Vs. DATTATREYA

JUDGEMENT

(1.) This appeal is filed by the defendant No.2 and 4 challenging the Judgment and Decree dtd. 11/7/2019 passed in R.A.No.53 of 2016 on the file of Senior Civil Judge and JMFC, Indi, Vijayapura District, confirming the Judgment and Decree dtd. 1/10/2016 in O.S.No.313 of 2009 on the file of Civil Judge and JMFC, Indi, holding that the plaintiffs No.1 to 4 are entitled for 1/5th share each in respect of suit lands.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The plaint averments are that plaintiffs No.1 to 3 are the children of defendant No.1 and plaintiff No.4. It is the case of the plaintiffs that the suit schedule properties are the ancestral properties of plaintiffs. It is further stated that, the contesting defendants No.2 and 3 who are the brother and sister of defendant No.1, got entered their names in the record of rights. It is also stated that the defendant No.4 also managed to get enter his name in the record of rights and feeling aggrieved by the same, the plaintiffs have filed suit in O.S. No.313 of 2009 seeking relief of partition and separate possession in respect of suit schedule properties.