SANNEERAPPA Vs. KUMARI MAHADEVAMMA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 9/11/2007 passed by Civil Judge (Sr.Dn.), Sira in R.A.no.112/2005 ('First Appellate Court') and judgment and decree dtd. 26/7/2003 passed by Additional Civil Judge (Jr.Dn.) and JMFC, Sira, in O.S.no.16/1994 ('Trial Court'), this appeal is filed.

(2.) Appellants herein were defendants, while respondents herein were legal representatives of original plaintiff and are referred to as such herein.

(3.) O.S.no.16/1994 was filed for relief of partition of plaintiff's 1/3rd share in suit schedule properties which belonged to propositus Giriyappa, ancestor of plaintiffs and defendants. It was stated that Giriyappa married Ningamma (first wife) and begot a daughter by name Junjamma and through second - wife Sakamma, he had four children namely Thimmaiah, Giriyanna, Puttaranganna and Badeerappa. And further that during his life time Giriyappa partitioned suit schedule properties under registered deed of partition dtd. 4/6/1942, wherein shares were allotted to Thimmaiah, Puttaranganna and Badeerappa with right of maintenance for Sakamma and Giriyappa. It was stated that Puttaranganna and Badeerappa were minors and that plaintiff and defendants were in joint possession and enjoyment of suit schedule properties.