SANTHOSHA C.A. Vs. SUJATHA

JUDGEMENT

(1.) This matter is listed for admission and I have heard learned counsel for the appellant.

(2.) This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of declaration, permanent injunction and alterative relief of possession is that the plaintiff and defendant Nos.2 and 3 are grand sons of late C.C. Laxmanappa, S/o. Chikkariyappa. The said Laxmanappa had five sons namely, C.L. Shekarappa, father of defendant Nos.2 and 3, C.L. Shadakshari defendant No.1, Smt. Rathnamma, C.L. Ananda father of plaintiff and C.L. Thimmappa. Shekarappa pre-deceased Laxmanappa. After demise of Shekarappa, his legal heirs defendant Nos.2 to 4, Laxmanappa and his remaining sons continued in joint family.