CHIKKAPLA CHANNABASAPPA Vs. CHIKKAPPALA CHANNABASAVVA

JUDGEMENT

(1.) The appellants herein were respondents in FDP No.2/2007. They have assailed Judgment and Decree in R.A. No.32/2015 dated 17.10.2016 passed by the Court of Senior Civil Judge & JMFC, Harapanahalli, by which, the order dated 7.10.2013 passed in FDP No.2/2007 by the Civil Judge at Harapanahalli has been confirmed.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status in FDP No.2/2007.

(3.) The respondents herein filed the final decree proceedings, in order to execute the preliminary decree dated 17.07.1972 passed in OS No.27/1972. That suit was filed by Channabasavva [Channabasamma] widow of Nagappa, seeking the relief of partition and separate possession of the joint family properties. The said suit was filed by her against her husband's brothers. The defendants in the suit appeared, but did not further participate in the proceedings. The suit was decreed on 17.07.1972, granting one-third share to Channabasavva. At this stage, it may be mentioned that the defendants in the suit had filed a Miscellaneous proceeding under Order IX Rule 13 of Code of Civil Procedure, 1908 [CPC], assailing the ex parte decree dated 17.07.1972. Being unsuccessful in the Miscellaneous proceeding, they had filed Civil Revision Petition before this Court. But, they were once again not successful in the said revision petition. Thereafter, Channabasavva sold her right, title and interest in the suit schedule properties to Muddappa who is none other than father of the respondents herein.