BASTI VENKATESH SHANTHAPPA SHANBOGUE Vs. NARASIMHA KAMATH

JUDGEMENT

(1.) THE L. Rs. of the deceased defendant No. 3 have preferred this second appeal against the judgment and decree dated 17 -2 -1976 passed by the Additional District Judge, South Kanara, Mangalore, in R. A. No. 6 of 1974 reversing the judgment and decree dated 17 -4 -1974 passed by the Civil Judge, Mangalore, in O. S. No. 88 of 1971 dismissing the suit.

(2.) THE parties have been referred to for the sake of convenience, with reference to their position in the trial Court.

(3.) HUNDI Manjunath Kamath was the propositus. The said Hundi Manjunath Kamath died leaving behind him six sons Defendant -1 is the father of the plaintiff. Defendant -2 is the second son of defendant -1. The 3rd defendant is a partnership concern. Defendants -4, 5 and 6 had been subsequently impleaded as the remaining L. Rs. of the deceased defendant -1. No specific relief is claimed against defendants -4 to 6. The suit property had been acquired by the propositus Hundi Manjunath Kamath. Rama Kamath, one of the six sons of Hundi Manjunath Kamath, went in adoption. Venkatesh and Vaman, two of the sons of Hundi Manjunath Kamath, died issueless. Another son Purushotham Kamath got divided from his father in 1900 and took his share as per the registered partition deed dated 9 -12 -1900.