YALAPPA S/O HANMANTAPPA BENGERI Vs. HANUMANTAPPA

JUDGEMENT

(1.) The appel lants are before this Court assai ling the judgment dated 30.3.2013 passed in O.S.No.16/2009.

(2.) The appellants were the plainti ffs before the Court below seeking declaration, partition and separate possession of the suit schedule property. The relationship between the parties is not in dispute. The plainti ffs and the defendants No.3 and 4 are the sons of defendants No.1 and The defendant No.5 is the son of purchaser of the property from defendant No.1 under a sale deed dated 111967. It is in that light the plaintiffs claiming that they have right over the property which was sold by defendant No.1 to the mother of defendant No.5, had sought for declaration of the sale deed dated 111967 as null and void and in that light had sought for a share in the suit schedule property which was the subject matter of the suit, sold under the sale deed dated 111967.

(3.) The Court below after taking note of the evidence avai lable before it has arrived at the conclusion that the plainti ffs have failed to establ ish the case as put forth before it and dismissed the suit. It is in that light the plainti ffs are before this Court seeking that the judgment passed by the Court below be set aside and the suit of the plaintif fs be decreed.