PEERAPA AND ORS. Vs. POONAM AND ORS.

JUDGEMENT

(1.) Defendants 7 and 9 in O.S. No. 132/2005 have filed this Second Appeal, assailing judgment and decree passed in R.A. No. 60/2008 dated 25.4.15 by the II Addl. District Judge at Haveri (sitting at Ranebennur) by which, the judgment and decree passed in O.S. No. 132/05 dated 3.4.2008 by the Additional Civil Judge (Sr.Dn), Ranebennur, has been confirmed and the appeal has been dismissed.

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

(3.) Respondents 1 to 4 herein filed the suit seeking the relief of partition and separate of their 1/5th share in the suit schedule properties. According to them they are the wife and children of one Babu @ Ashok Lamani. That, originally one Laxman was the owner of the suit properties. He had five sons, namely, Shivappa, Peerappa, Kumalappa @ Kumar, Vasant, Babu @ Ashok. Shivappa who is deceased has five children and Babu @ Ashok who is since deceased has left behind plaintiffs 1 to 4 as his legal heirs. That, on the demise of Laxman defendants got their names entered in the revenue records i.e. defendants 1 to 9 and 11 and 12 as per M.E. No. 8324A and 7804. Defendants 7 and 9 colluded with each other and have sold some portion of the suit property in favour of defendant -10. That, the suit properties were liable to be partitioned between the sons of Laxman on his demise but the same was not done. Therefore, plaintiffs are entitled to 1/5th share in the suit schedule properties.