HANUMAPPA Vs. HANUMAPPA AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 67/2005, on the file of Prl. Civil Judge (Jr.Dn.), Gangavati, has come up in this second appeal impugning the divergent finding rendered by the lower appellate Court in allowing the appeal in R.A. No. 13/2007 filed by defendants 9, 2 to 6 and 10 to 14 in the trial Court.

(2.) THE brief facts leading to this second appeal are that the case of the plaintiff in the trial Court is that he is the owner of land bearing Sy. No. 25/D/P1 measuring to an extent of 6 acres, situated in K. Mallapur village, Gangavati taluk of Koppal district, which according to him has come to his share in a partition which has taken place on 4.11.1993 between himself and his sister Smt. Hanumavva the 9th defendant in the original suit. According to the plaintiff he has been in possession and enjoyment of the suit property pursuant to the partition, when the matter stood thus, the 1st defendant is stated to have created mortgage of the suit schedule property in favour of the State Bank of India, Gangavati for securing tractor loan and thereafter the said 1st defendant Hanumappa along with other defendants tried to forcibly enter into the suit property to dispossess the plaintiff from the suit property. Hence the suit for permanent injunction was filed by him.

(3.) ACCORDING to 9th defendant the plaintiff has suppressed the genealogy and distorted the same. According to her, Tirakappa Katigalli's first son Yenkappa had three sons, his middle son's name is Hanumappa, the 1st son of said Hanumappa is 1st defendant Hanumappa and the said Hanumappa son of Yenakappa in all had six sons i.e., the defendants 1, 2, 5 to 7 and five daughters including the defendant No. 9 and according to her the 1st defendant is her real brother and the plaintiff is not her brother and there was no division of property between himself and the plaintiff and the division which is claimed is false and frivolous and concocted, based on which he has secured mutation entry of suit property in his name which according to her is subject matter of the proceedings pending before the Assistant Commissioner.