KALLAPPA Vs. FAKKIRAWWA

JUDGEMENT

(1.) THE plaintif fs in O.S.No.215/2002 on the f i le of III Addl . Civil Judge (Jr.Dn. ) , Dharwad, has come up in this second appeal impugning the concurrent f inding of both the Courts below in dismissing their suit for declaration and granting only the rel ief of permanent injunction with respect to suit schedule property.

(2.) THE brief facts leading to this second appeal are that the plainti ff no.1 is the widower of Smt.Channavva and plainti f fs 2 to 4 are the chi ldren of plainti f f and deceased Channavva.

(3.) THEREAFTER it is seen that the said property continued to be the property of Channavva Nee Hasanbi unti l her death. After the death of Channavva succession opened for title to the suit property. The plaintif fs 1 to 4 herein being the husband and chi ldren of Channavva have come up in O.S.No.215/2002 for the relief of declaration that they are the legal heirs of deceased Channavva and as such they have succeeded to suit property under the provisions of Hindu Succession Act, 1955.