RAJASHEKHAR Vs. SMT. BHAGYAMMA

JUDGEMENT

(1.) Heard learned counsel for the appellants. The respondent Nos.1, 2, 3, 4, 7(a), 10, 14, 18, 21, 24, 25, 26, 28 and 29 are served and unrepresented. Vide order dtd. 5/11/2013, notice to respondent Nos.9, 13, 15 to 17, 19, 20, 22, 23 and 27 is dispensed with and notice to respondent Nos.5, 6, 8, 11, 12 is held sufficient and vide order dtd. 17/3/2014 service of notice to respondent No.7(b) is held sufficient.

(2.) This second appeal is filed against concurrent finding of the Trial Court in dismissing the suit in O.S.No.1258/1989 and confirming the same in R.A.No.89/2003 and prayed this Court to set aside the judgment passed in O.S.No.1258/1989 on the file of Principal Civil Judge (Jr.Dn.) Davanagere as well as R.A.No.89/2003 on the file of I Additional District and Sessions Judge, Davanagere.

(3.) The factual matrix of case of the plaintiffs before the Court while seeking the relief of declaration and permanent injunction is that one Bidari Siddappa was the propositus of the family of the plaintiffs. He died on 26/6/1965. He had two wives. First wife is Veeramma, she died on 6/2/1957 prior to the death of Bidari Siddappa. The second wife Basamma died on 22/1/1979. The second wife Basamma died issueless. The plaintiffs are the sons and daughters of Siddappa through his first wife Veeramma. Hence, the plaintiffs are the owners, who are the sons of the deceased Bidari Siddappa. Since the second wife of Bidari Siddappa died issueless, the plaintiffs are the only legal heirs and legal representatives of deceased Basamma as per law and these plaintiffs are also legal heirs of Bidari Siddappa, who is the husband of the deceased Basamma.