SHANTAPPA Vs. PADMARAJ PARISHAPPA MALLAPUR

JUDGEMENT

(1.) The present second appeal is filed by defendant Nos.1 and 2 under Sec. 100 of Code of Civil Procedure, 1908(Hereinafter referred to as 'CPC') challenging the judgment and decree dtd. 17/10/2016 passed in RA.No.9/2015 by the Senior Civil Judge, Bailhongal(Hereinafter referred to as the 'first appellate Court') and the judgment and decree dtd. 6/1/2015 passed in OS No.178/2009 by the Additional Civil Judge, Bailhongal Hereinafter referred to as the 'Trial Court', wherein the suit for declaration and injunction has been decreed by the Trial Court, which was affirmed by the first appellate Court.

(2.) The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.

(3.) It is the case of the plaintiffs that the original propositus Basappa Mallapur had three sons namely, Nagappa, Adiveppa and Parishappa (Plaintiff No.2). Plaintiff No.1 is the son of plaintiff No.2. Defendant Nos.1 and 2 are the sons of Nagappa and defendant No.3 is the wife of deceased Basappa.