HANUMANTHAPPA Vs. SIDDAPPA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 8/1/2015 passed by I Additional Senior Civil Judge, Chitradurga, in R.A. no.31/2014 and judgment and decree dtd. 25/1/2024 passed by II Additional Civil Judge, Chitradurga in O.S. no.343/2009, this appeal is filed.

(2.) Brief facts as stated are that, appellant herein was plaintiff no.1 in a suit filed for permanent injunction restraining defendants from interfering with suit property. It was stated that agricultural land bearing Sy.no.17/P2, measuring 04 acres situated at N.Bellekatte village, Hireguntanur Hobli, Chitradurga Taluk, was suit property. Suit claim was based on assertion by plaintiff that suit property was originally acquired by his father Hanumappa, who had earlier married Kariyamma and later married Lakshmamma-mother of plaintiff no.1. It was stated that during 1974 when defendant no.1 expressed his intention to separate from family, Hanumappa allotted properties situated in Konanur village. But, thereafter, defendant no.1 sold said properties and began residing at Kengunte village.

(3.) It was stated, since plaintiff no.1 was taking care of Hanumappa, out of love and affection, Hanumappa executed registered Will on 13/11/1986 bequeathing suit properties. In said Will attestor had specifically mentioned separation of defendant no.1 from family. It was stated attestor died in year 1988. Thus, plaintiff no.1 and mother-Lakshmamma, succeeded to suit property. On 18/4/2000, plaintiff no.1, his mother Lakshmamma and plaintiff no.2 entered into registered partition deed, whereunder plaintiff no.1 and his mother - Lakshmamma were jointly allotted share measuring 2 acres 20 guntas in suit property and allotting remaining 1 acre 20 guntas to plaintiff no.2. It was stated, revenue records were mutated in pursuance of above.