VENKATESHAMMA Vs. MOTAPPA

JUDGEMENT

(1.) THIS appeal is filed under Section 100 of CPC challenging the judgment and decree dated 3.10.2001 passed by the Court of the Prl.Cvl.Judge (Jr.Dn.) & JMFC, Chickballapur in original suit bearing O.S.No.5/1994 and confirmed by the Court of FTC V, Chickballapur in R.A.171/2001 on 6.7.2006. Appellant herein is defendant No.1 and respondent No.1 herein is the plaintiff and remaining respondents are the defendants in the said suit.

(2.) PARTIES will be referred to plaintiff and defendants as per their ranking in the Trial Court.

(3.) PLAINTIFF chose to file a suit for the relief of partition and separate possession in respect of 4 items of immovable properties inclusive of item No.2, a vacant site measuring 25x25 feet with house bearing house list No.223. According to the plaintiff, item No.2 is also a joint family property and he has been in joint and constructive possession of the same. Motappa had 5 sons and Venkataraya was one of the sons of Motappa. Venkataraya had a son by name Motappa and the said Motappa had a daughter by name Venkateshamma, who is defendant No.1. Thotappa, brother of Venkataraya was also one of the five sons of Motappa. Thotappa had only one son by name Motappa, who is the plaintiff.