CHANNABASAPPA SHIVAPPA SANNANAGASHETTI, AGE : 54 YEARS, OCC: AGRICULTURE, R/O: YEREBUDIHAL, TQ: KUNDGOL 581 012 Vs. NINGAVVA, W/O. SHIVAPPA SANNANAGASHETTI, AGED 69 YEARS, OCC: AGRICULTURE R/O: YEREBUDIHAL, TQ: KUNDAGOL 581 012

JUDGEMENT

(1.) The case of the plaintiffs is that the suit schedule properties are ancestral properties. The propositus was one Channappa. He did not have sons. Hence he adopted one Shivappa. Shivappa was married to Ningavva - 1st plaintiff. Through their marriage, they have eight children. Plaintiffs No.2 to 8 and defendant No. 1 are their children. Defendants No.2 and 3 are the children of defendant No. Since a share of the plaintiffs was denied, the instant suit was filed for Partition and separate possession.

(2.) On service of summons, the defendants entered appearance. Defendants No. 1 and 2 filed a joint written statement, which was adopted by defendant No.3. They contended that Shivappa was the adopted son of Channappa, who has inherited the properties. Therefore, the suit schedule properties are the self-acquired properties of Shivappa. During his lifetime, Shivappa had executed a Will dated 13.05.2002 in favour of defendants No.2 and 3, namely, the children of defendant No. 1. In the said Will, a sum of Rs. 25,000.00 each was deposited in the names of his unmarried daughters Savakka and Manjavva namely plaintiffs No.7 and 8. Therefore, the plaintiffs are not entitled for any share in the suit schedule properties.

(3.) Based on the pleadings, the trial Court framed the following issues and additional issues: