PERIMUNIYAMMA AND ORS. Vs. LAKSHMAMMA AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree passed by the XV Additional City Civil Judge, Bengaluru in O.S. No. 1049/1986, dated 23.09.2003, in partly decreeing the suit as against defendant Nos. 1, 2, 10 and 11 and directing them to handover the possession of the suit schedule property to the plaintiffs, while dismissing the suit against defendant Nos. 3 to 9 and 12, defendant Nos. 1 and 11 have filed this appeal.

(2.) THE parties will be referred to as per their rank in the trial court.

(3.) THE property originally belonged to one Nallappa, the grand father of the plaintiff. He executed a sale deed in favour of Smt. Katamma, the mother of the plaintiff on 04.02.1946, which included the suit schedule property. The second defendant is the step -brother of the plaintiff. The father of the plaintiff Gujjappa married Narayanamma, after the demise of Katamma. The second defendant is the son of Gujjappa and Narayanamma and after their demise, there was a partition between the plaintiff and the second defendant, which was reduced into writing on 08.04.1974.