MALLAMMA AND ORS. Vs. NAGAMMA

JUDGEMENT

(1.) THE matter is at the stage of admission. Heard the learned counsel appearing for the appellants. Concurrent findings are called in question before this Court by filing an appeal under Section 100 of CPC.

(2.) APPELLANTS were defendant Nos. 1 to 4 in O.S. No. 47/2006, which was pending on the file of Civil Judge (Sr. Dn.), Shorapur. Respondent was the sole plaintiff in the said suit. The said suit was filed for the relief of partition and separate possession, relating to one house bearing Municipal No. 10 -1 -14/A of Madargalli village, Shorapur taluk. The said suit came to be decreed after contest on 05.11.2007. Against the said judgment and decree, an appeal was filed in R.A. No. 148/2007 in terms of Section 96 of CPC before the Court of First Additional District Judge, Gulbarga. The said appeal also came to be dismissed after contest. Hence, the present appeal is filed under Section 100 of CPC. The facts leading to filing of the present appeal are as follows:

(3.) ALL the defendants have filed common written statement. They have denied all the material averments as found in the plaint. According to them, the entire property absolutely belonged to Mallamma the mother of appellant Nos. 1 to 3 and she has bequeathed his property in question in favour of defendant No. 4 under a registered sale deed dated 27.07.2004. Hence, defendant No. 4 is in possession of the suit property. With these pleadings, they requests the Court to dismiss the suit.