GANGARAMSING Vs. TUKARAMSING

JUDGEMENT

(1.) This Regular Second Appeal is preferred by the defendants challenging the judgment and decree dtd. 28/6/2008 passed in Regular Appeal No.66 of 2006 on the file of the Civil Judge (Sr.Dn.), Kushtagi (for short, hereinafter referred to as 'First Appellate Court'), confirming the judgment and decree dtd. 6/11/2006 passed in Original Suit No.128 of 2003 on the file of the Civil Judge (Jr.Dn.), Kushtagi (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiffs came to be decreed.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their ranking before the Trial Court.

(3.) It is the case of the plaintiffs that the father of the defendants 1 and 2 namely, Rajaram Sing and husband of the defendant No.3 namely, Basvanthsing are the brothers. It is pleaded that the suit schedule properties are the ancestral properties and the plaintiff-Tukaramsing had made a claim for division of joint family properties, however, the same was denied by the defendants and as such, the plaintiff had filed Original Suit No.128 of 2003 on the file of the Trial Court, seeking relief of partition and separate possession in respect of suit schedule properties.