B PILLA REDDY @ PAPAIAH Vs. VENKATASWAMY REDDY

JUDGEMENT

(1.) These regular first appeals are directed against the judgment and decree dated 10.1.2012 passed by the XXII Additional City Civil Judge, Bangalore (CCH-7) in O S No.1338/1982 dismissing the suit. R F A No.403/2012 is filed by plaintiffs whereas R F A No.741/2012 is filed by defendants No.2(b) to 2(e).

(2.) The facts of the case to be stated in brief are that one B Venkataswamy Reddy S/o Kyathappa along with Chikka Pillaiah, Ramaswamy filed suit O S No.6/1965 for partition and separate possession against B Pilla Reddy @ Papaiah, Puttaswamy, daughter of late Muniswamappa and others. It is their specific case that one Bhoja Reddy @ Pillaiah was the propositus of the joint family. He died in the year 1922 leaving behind him Papaiah, Muniswamy Reddy, Kyathappa. Papaiah died leaving behind him Pilla Reddy, deceased appellant herein, to succeed to his estate. Muniswamy Reddy died leaving behind him Puttamma. Kyathappa's children are, Venkataswamy Reddy, Chikka Pillaiah and Ramaswamy. It is urged by them that, they are entitled for partition and separate possession of the several immovable properties. The matter was contested. By the judgment and decree dated 31.3.1980, the suit filed by Venkataswamy Reddy came to be decreed.

(3.) From amongst the properties that were the subject matter of O S No.6/1965, the property bearing Sy.No.345, 3 acres 21 guntas came to be included. The suit was proceeded only in respect of one item of property.