KASHAWWA AND ORS. Vs. SHOBHA AND ORS.

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree of the lower appellate Court partly allowing the appeal and modifying the operative portion of the judgment and decree passed by the trial Court.

(2.) THE facts in brief are that the original propositus Ningappa Basappa Totagi died and his son Gangappa succeeded to the properties. The plaintiffs are the daughters of Gangappa. The plaintiffs instituted the suit against the defendants for partition and separate possession claiming 1/4th share in the suit properties and also sought for saddling the loan obtained by defendant No. 1 as debts of defendants 3 to 6. The defendants 1 and 2 appeared through their counsel, filed the written statement admitting the claim of the plaintiff. The defendants 3 to 6 have not filed any written statement. After appreciating the evidence on record, the trial Court decreed the suit in part, allotting half share jointly and separate possession thereof in the suit properties to the plaintiffs. The prayer of saddling the debts of the joint family to the share of the defendants 3 to 6 was rejected. The defendants preferred appeal challenging the judgment and decree of the trial Court and the same was partly allowed by modifying the operative portion of the judgment and decree of the trial Court. Being aggrieved by the said judgment and decree of the lower appellate Court, the present appeal is filed by the defendants.

(3.) PER contra, the learned counsel for the respondents contended that after appreciating the evidence on record, the trial Court decreed the suit. In the absence of determination of the rights made by the trial Court, the lower appellate Court determined the rights of the appellants, modified the operative portion of the judgment and decree of the trial Court, which cannot be found fault with.