(1.) THIS appeal is filed by the defendants challenging the judgment and decree dated 12-9-2001 passed by the learned civil Judge, Senior Division, Koppal in O. S. No. 56/1994 decreeing the suit of the plaintiffs.
(2.) THE facts of the case as per the pleadings are as follows :
(3.) IT is not much in dispute that Sangappa Shettar and his wife Smt. Mahanthamma met with a car accident on 20-9-1994 and both died on the spot. It is also not in dispute that even though this couple had a male and female child born out of the wedlock, both children died in infancy and subsequently, they did not have any children. As such on the date of death of Sangappa and Mahanthamma, they were issue less.