BASAVVA AND ORS. Vs. THIPPANNA AND ORS.

JUDGEMENT

(1.) Defendant Nos. 2 to 5 in O.S. No. 259/2007 have preferred this second appeal assailing judgment and decree passed in R.A. No. 8/2011 by the Principal Civil Judge (Sr. Dn.), Ranebennur, dated 14.10.2014. By that judgment and decree the plaintiffs have been granted half share in the suit schedule property comprising R.S. No. 57/6 measuring 1 acre 25 guntas, one gunta being pootkharab situated at Tumminakatti village in Ranebennur Taluk, Haveri District.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court.

(3.) The respondent plaintiffs filed a suit seeking partition and separate possession of 1/3rd share in the suit schedule property. It is the case of the plaintiffs that one Karihanumappa was the original propositus. He had three sons, by name, Basappa, Kotrappa and Yallappa. At the time of filing of the suit, Basappa and Yallappa had died. Plaintiff No. 1 is the son of Basappa and plaintiff No. 2 is the widow of plaintiff No. 1's brother, also called Basappa. Defendant No. 1 is Kotrappa. Defendant Nos. 2 to 5 are the children of Hanumappa son of deceased Yallappa. Defendant Nos. 6 to 9 are the brother and sisters of deceased Hanumappa, children of deceased Yallappa. Yallappa is the brother of Kotrappa -defendant No. 1 and Basappa who is also deceased.