NAGAPPA Vs. DANDINA MANCHAPPA

JUDGEMENT

(1.) THIS regular second appeal is filed by the defendants in O.S. No. 374/1989 aggrieved by the dismissal of their suit, confirmed in appeal by the Appellate Court by dismissing R.A. No. 109/2007.

(2.) BRIEF facts leading to the present second appeal are that plaintiffs/respondents 1 to 3 herein instituted the suit O.S. No. 374/1989 seeking partition and separate possession of their 1/4th share in the suit schedule properties item Nos. 1 to 19, contending inter alia that suit schedule properties were the ancestral joint family properties owned by the family consisting of propositor Sri. Thatyappa and his four sons namely, Sriyuths. Dodda Keriyappa, Manchappa, Bheemappa and Sanna Keriyappa.

(3.) THEY urged that defendants 1 to 16 were the legal heirs of deceased Sri. Dodda Keriyappa and were together entitled for 1/4th share and defendants 17 to 24 were the legal heirs of deceased Sri. Manchappa and were also together entitled for 1/4th share, whereas defendants 25 to 29 being the legal heirs of deceased Sri. Bheemappa were together entitled for 1/4th share. It was contended by them that plaintiffs were together entitled to get 1/4th share in all the suit schedule properties. They urged that despite repeated requests and demands by the plaintiffs, the defendants failed to effect partition and allot plaintiffs legitimate share in the suit properties. Hence, they issued legal notice dated 20.02.1984 demanding partition, for which defendants sent an untenable reply.