VEERABHADRAPPA AND OTHERS Vs. CHANNABASAPPA AND OTHERS

JUDGEMENT

(1.) The appellants herein were the defendant Nos. 1, 6, 7, 8 and 9 respectively in the Court of the Fast Track Court at Gadag (for brevity hereinafter referred to as 'the Appellate Court') in regular appeal No. 64/2011, whose appeal which was filed challenging the Judgment and decree passed by the Court of Principal Senior Civil Judge and CJM, Gadag (for brevity herein after referred to as 'the Trial Court') dated 24.02.2011 and passed in O.S. No. 91/2008 came to be dismissed. Being aggrieved by the same, the appellants have preferred this appeal.

(2.) In their memorandum of appeal, the appellants have taken contention that, both the Courts below have concurrently committed an error holding that there was no partition in respect of item Nos. 3, 4 and 5 of the suit properties. The first appellate Court also committed an error by holding that there was no registered partition deed to prove partition. The finding of both the lower Courts to the effect that Smt. Anusuya the daughter of Dundappa Munavalli, who was born prior to 1956, is entitled to a share in the joint family properties was an erroneous finding. With this, the appellants have prayed for allowing the appeal by setting aside both the Judgments and Decrees of the Courts below and dismissing the Original Suit No. 91/2008.

(3.) In response to the notice, the respondent Nos. 1 to 3 and 5 to 7 are being represented by their respective counsels. Notice to respondent No. 4 was dispensed with. The respondent No. 8, though was served, but remained un-represented.