RAMANGOUDA AND OTHERS Vs. YAMANVVA AND OTHERS

JUDGEMENT

(1.) This appeal is filed under Section 100 of the Code of Civil Procedure challenging the judgment and decree passed by the II Addl. District Judge, Belgavi, in R.A. No. 230/2012 whereby the judgment and decree passed by the learned Senior Civil Judge, Saundatti, in O.S. No. 7/2009 is confirmed, dismissing the appeal.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court.

(3.) Plaintiff filed suit in O.S. No. 07/2009 before the trial Court against the defendants for partition and separate possession of her 1/6th share in all suit schedule properties and for declaration that the gift deed dated 08.10.2007 said to have been executed by Ist defendant in favour of the defendants 3 and 6 is null and void and not binding on the share of the plaintiff. The suit was contested by the defendants. Based on the pleadings of the parties, 7 issues were framed. On appreciation of the material evidence on record, the trial Court decreed the suit as prayed for holding that the plaintiff is entitled for 1/6th share in all the suit schedule properties and declaring the gift deed dated 08.10.2007 executed by the 1st defendant in favour of the defendants 3 and 6 as null and void and not binding on the share of the plaintiff Aggrieved by the same, defendants 3 and 6 filed R.A. No. 230/2012 before the lower appellate court which came to be dismissed confirming the judgment and decree of the trial Court. Being aggrieved, defendants 3 and 6 are in second appeal.