SHIVAPPA Vs. AMOGEPPA AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred against the judgment and decree passed in R.A. No. 31/2008 by the Principal Senior Civil Judge, Bijapur, confirming the judgment and decree passed in O.S. No. 341/2005 dated 07.02.2008 by the Principal Civil Judge (Junior Division), Bijapur.

(2.) PLAINTIFF who is the appellant before this Court has filed a suit in O.S. No. 341/2005 for declaration and perpetual injunction against the defendants. Defendant No. 1 -Gourawwa is none other than the mother of plaintiff Defendant No. 2 -Sankawwa and defendant No. 3 -Gurusiddawwa are sisters of plaintiff and daughters of defendant No. 1. The plaintiff has filed suit claiming that the land bearing Sy. No. 83 measuring 13 acres 5 guntas of Hunashyal village was previously owned and possessed by grand father of the plaintiff Now the suit land is standing in the name of first defendant. The first defendant has got four sons including plaintiff and two daughters who are the defendant Nos. 2 and 3 who can succeed to the suit land. The second defendant has taken son of her elder brother -Amogeppa in adoption. The other brothers of plaintiff are supporting defendant Nos. 2 and 3 in getting transfer of the suit land in their names. Thus, defendant Nos. 2 and 3 in collusion with the other brothers are trying to get the suit land, in order to avoid share to the plaintiff in the same. The first defendant taking advantage of her name appearing in the ROR in respect of the suit land, at the instigation of other sons trying to transfer the same in the names of defendant Nos. 2 and 3 ignoring 1/5th share of the plaintiff in the suit land. In spite of request of the plaintiff, the first defendant is bent upon to transfer the land in favour of defendant Nos. 2 and 3. Therefore, the suit was filed.

(3.) ON the basis of the above said pleadings of the parties, the Court has framed the following issues: