LAWS(KAR)-2015-10-153

BALAKRISHNA AND ORS. Vs. PARVATHAMMA AND ORS.

Decided On October 28, 2015
Balakrishna And Ors. Appellant
V/S
Parvathamma And Ors. Respondents

JUDGEMENT

(1.) PLAINTIFFS in O.S. No. 55/2007 on the file of the Principal Civil Judge (Sr. Dn.), Bellary have come up in this second appeal impugning the concurrent finding of both the Courts below in dismissing their suit for partition and separate possession of their alleged share in the suit schedule property.

(2.) THE brief facts of the case are:

(3.) IN support of the pleadings, plaintiff No. 3 herself examined as P.W. 1 and she also examined one person by name G.M. Angamuttu, a retired Jail Warden of Bellary as P.W. 2 and another person by name, S. Ibrahim, Ex -Councilor of Bellary as P.W. 3 and produced in all 27 documents, which are marked as Exs. P1 to P27. On behalf of the defendants, defendant No. 1 -Smt. Parvathamma adduced evidence as D.W. 1 and she also examined Smt. Sunkamma, who is the sister of deceased Sanna Thimmappa as D.W. 2 and another person by name Smt. Gangamma who is the wife of Vaddar Gadeppa and who happens to be the sister -in -law of defendant No. 1 as D.W. 3 and another person by name Thippaiah, who is none other than defendant No. 3 in the original suit as D.W. 4. They produced in all 6 documents, which are marked as Exs. D1 to D6.