SHIVANAND Vs. VIJAYALAXMI

JUDGEMENT

(1.) These second appeals are filed by the parties in O.S. No.39/2013, challenging the Judgment and Decree dtd. 17/12/2018 in R.A. No.106/2015 on the file of IV Addl. District Judge, Vijayapur, allowing the appeal in part and setting aside the Judgment and Decree dtd. 1/7/2015 in O.S. No.39/2013 on the file of III Addl. Senior Civil Judge, Vijayapur, decreeing the suit of the plaintiff.

(2.) For the sake of convenience, parties are referred with reference to their rank before the Trial Court.

(3.) The relevant facts for adjudication of these appeals are that the father of plaintiff and defendants 1 to 3 - Sidramappa @ Siddappa is the Karta of the Hindu Undivided Family and the schedule properties are inherited by the father of the plaintiff and defendants 1 to 3 - Sidramappa, from his father. It is the case of the plaintiff that, the father of the plaintiff sold land bearing Sy. No.186/2A to an extent of 2.00 Acres as per registered sale deed dtd. 15/9/2010 in favour of the defendant No.5 and to an extent of 2.20 Acres as per oral sale deed dtd. 28/8/2000 in favour of defendant No.4 and these sale deeds are not binding on the plaintiff as the properties in question are joint family properties and as such the plaintiff filed O.S. No.39/2013 before the Trial Court seeking relief of partition and separate possession in respect of suit schedule properties.