A.R.SIDDAVEERAPPA Vs. A.R.RAJASHEKAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant with regard to admission of the appeal.

(2.) Perused the judgments of the Trial Court and the First Appellate Court.

(3.) It is seen from the record that the appellant- plaintiff has filed a suit for partition and separate possession of the suit schedule properties claiming that they are ancestral and joint family properties of the plaintiff and defendants. The relationship between the parties that defendant No.4 is the father of plaintiff and defendant Nos.1 to 3 is not denied. Defendant Nos.5 to 10 are not related to the family of the plaintiff and defendant Nos.1 to 3. It is contended that defendant No.4-father of the plaintiff and defendant Nos.1 to 3 had purchased item Nos.1 and 2 of the suit schedule properties from one late Thimmappa under a registered sale deed dated 18.02.1993. He has also purchased an extent of 2 acre in Sy.No.58/P from one Smt. Sharadamma w/o. Late Rajappa under a registered sale deed dated 18.02.1993. Defendant Nos.10 and 11 are legal heirs of late Thimmappa. Smt. Sharadamma was arrayed as Defendant No.6 in the case. Defendant Nos.7 to 9 are daughters of one late S.Hanumantharaj, who was a party in the previous litigation. There is absolutely no dispute so far as other properties are concerned except item Nos.1 and 2, that they are the joint family properties for partition.