RAMCHANDRA NARAYAN TALAWAR Vs. KUMAR SOUKHARYA AND OTHERS

JUDGEMENT

(1.) Defendant in O.S.No. 242/2003 has filed this Regular First Appeal under section 96 of Code of Civil Procedure challenging the judgment and decree dated 30th Nov. 2006 passed in O.S.No. 242/2003 by the learned Principal Civil Judge (Sr.Dn.) Dharwad.

(2.) The suit was filed by respondents No. 1 to 5 herein. Respondents No. 1 to 3 and 5 herein are children of one Shankar Nayak, whereas, respondent No. 4 Girija is the wife of the said Shankar Nayak. They filed the suit seeking half share in the suit schedule properties consisting of agricultural land bearing Sy.No. 40 measuring 1 acre 20 guntas situated at Lakamanahalli village in Dharwad taluk (Suit 'A' schedule property) and a residential house bearing CTS Nos. 721, 722, measuring 209-03 and 6-69 metres situated at Shukrawarpeth, Kalli Oni, Dharwad.

(3.) Plaintiffs contended that the suit properties were originally owned by one Erappa Talawar: he died leaving behind his son Narayan: Narayan also died during the year 1961 leaving behind two sons and six daughters as his legal heirs. The two sons were Shankar Nayak and Ramachandra Narayan Talawar. Ramachandra was the first son and Shankar Nayak under whom the plaintiffs claim was the second son.