GIRAMALLA AND ORS. Vs. MAHADEVI AND ORS.

JUDGEMENT

(1.) By consent of both the learned Counsel for the parties, the matter is taken up for final hearing.

(2.) This appeal is filed by defendant No. 7 against the judgment and decree dated 12.09.2014 in RANo.22/2011 on the file of the learned Senior Civil Judge and JMFC, Raibag, confirming the judgment and decree dated 11.08.2001 made in O.S. No. 98/2000, on the file of the Addl. Civil Judge & JMFC, Raibag, decreeing the suit for partition and separate possession.

(3.) Respondents 1 to 3 filed the suit for partition and declaration to declare that the sale deed dated 20.05.1999 in respect of R.S. No. 647/2B executed by defendants 1 and 2 in favour of defendant -7 is void ab initio and not binding on the plaintiffs and they are entitled to half share and separate possession in respect of A -schedule properties and alternatively, for mesne profits, contending that the suit schedule properties originally owned and possessed by the propositus Sannappa, who left behind 4 sons, namely, Neelappa, Balappa, Ramu and Maruti. Neelappa married to one Parvati mother of defendants No. 1 to 4. She died on 19.8.1977 and after her demise he got a 2nd marriage with plaintiff -1. Out of the said wedlock plaintiffs 2 and 3 were born. Plaintiff No. 1 and Neelappa lived as husband and his wife till his death on 2.6.1993. The Plaintiff No. 1 is receiving family pension initially at Raibag and now at Belgaum. The defendants 1 and 2 got their names entered in the revenue documents in M.E. No. 6509 suppressing the true facts and in collusion with the village accountant. Therefore, plaintiffs preferred revenue proceedings before the Deputy Commissioner, Belgaum, in No. RB/RTA/89/96 -97and the said M.E. No. 6504 came to be set aside by the Deputy Commissioner by an order dated 30/09/1977. Further, defendants 1 and 2 were constrained to file suit for declaration and permanent injunction in O.S. No. 39/1997 before the Munsiff Court, Raibag, seeking the relief that defendants 1 and 2 alone are the heirs of Neelappa. The same came to be dismissed and against the said judgment and decree the defendants filed R.A. No. 286/2008 on the file of Senior Civil Judge, Raibag and the same came to be disposed of confirming the judgment and decree passed in O.S.39/1997. Against the said judgment and decree of the courts below the defendants 1 and 2 filed R.S.A.5792/2010 which is pending for adjudication before this Court, etc. Therefore, they filed the suit.