GOVINDAPPA HANAMAPPA AND ORS. Vs. AVVAKKA AND ORS.

JUDGEMENT

(1.) The defendants in O.S. No. 185/1989 have preferred this second appeal, assailing judgment and decree of the Civil Judge (Sr. Dn.), Saundatti, dated 20.09.2002 passed in R.A. No. 12/1998, by which, judgment and decree of the Civil Judge (Jr. Dn.), Saundatti, in O.S. No. 185/1989 was modified.

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

(3.) Respondent Nos. 1 and 2 filed a suit seeking partition and separate possession of their share and also for declaration that the partition decree effected in F.D.P. No. 1/1978 dated 13.09.1982 is not binding on their share. According to the plaintiffs, defendant No. 1 is their sister, respective husbands of defendant Nos. 3 and 5, namely, Hanumanthappa and Fakirappa, (since deceased) were their brothers. Their father was Govindappa who died in the year 1947 leaving behind him his widow Karewwa who also died in the year 1963. The suit schedule properties shown as A, B and C are the landed properties, TT schedule is open space allotted to the family of the plaintiffs and defendants under a rehabilitation scheme as their family property was submerged in River Malaprabha Reservoir Project in the year 1972.